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"OV    4   1914 


\ 


Election  Laws 

of  the 

STATE  OF  NORTH  DAKOTA 


INCLUDING 


North  Dakota  State  Constittj- 
TioN    AND    Proposed    Amend- 
ments 
Absent  Voter  Privilege  Act 
Calendar  of  Elections 
Corrupt  Practices  Acts 
Court  Decisions  Affecting 

Elections 
Directory  of  State  Officials 
General  Election  Laws 
Non-Partisan    Judiciary    Elec- 
tions 


Non-Partisa??     School     Officer 
Election 

Presidential  Primary  Election 

Law 
Primary  Election  Law 
Publication  Rates  Law 
Removal  of  Officers  Law 
U.  S.  Election  Laws 
U.  S.  Naturalization  Laws 

Legislative,  Congressional  and 
Judicial  Districts 


w- 


Published  under  Direction    of 

THOMAS  HALL, 

Secretary  of  State 


Preserve  for  Reference 


journal  publishing  CO. 

Devils  Lake,  N.  D. 

state  printers 

1914 


ELECTION   LAWS 

OF  THE 

STATE  OF  NORTH  DAKOTA 


Including   Calendar   of  Election   Dates,   Directory   of 
State  Officials,  Legislative,  Congressional  and  Judi- 
cial Districts,  United  States  Election  and  Naturali- 
zation Laws,  North  Dakota  Constitution  and  Pro- 
posed Amendments  Thereto,  Primary  Election 
Law,  Presidential  Preference  Primary,  Non- 
Partisan    Judiciary    and    School    Officers 
Acts,   Corrupt  Practices   Acts,   Publica- 
tion Rates  Act,  Removal  of  Officers 
Act,    Absent   Voter   Privilege    and 
Important   Court  Decisions    Af- 
fecting   Election    Laws. 


Published  Under  Direction 

OF 

THOMAS  HALL, 
Secretary  of  State. 


Preserve  for  'Reference 


JOURNAL   PUBLISHING   CO. 

Devils  Lake,  N.  D. 

state  printers 

1913 


3 


*,'j  c  r,.    »   V/<  •     *    «■• 


PREFACE. 


The  extensive  changes,  during  the  past  four  sessions  of 
the  legislature,  in  the  laws  affecting  elections,  the  rights 
and  privileges  of  voters  and  the  powers  and  duties  of  the 
election  officers;  the  present  inaccessability  of  the  laws  to 
any  but  the  lawyer  and  the  trained  professional  man;  the 
constant  demand  for  a  statement,  explanation  and  inter- 
pretation of  the  laws  by  voter  and  election  officer  alike;  and 
the  fact  that  the  new  codes,  now  in  course  of  preparation, 
will  not  be  ready  for  distribution  until  after  the  coming 
primary  election,  has  necessitated  this  compilation  of  the 
election  laws  of  the  state  in  a  compact  and  comprehensive 
form.  Leading  court  decisions  affecting  the  more  import- 
ant phases  of  the  election  laws  and  a  chronological  calendar 
of  election  dates  have  been  added  for  the  guidance  of  the 
voter. 

Bismarck,  North  Dakota,  January  1,  1914. 

THOMAS  HALL, 
Secretary  of  State. 


278738 


OFFICIAL  DIRECTORY. 


STATE  GOVERNMENT 

EXECUTIVE  DEPARTMENT. 
Li.  B.  Hanna,  Governor,  Bismarck. 

James  W.  Foley,  Secretary  to  the  Governor,  Bismarck. 
Clarence  L.   Ziegler,   Stenographer,    Bismarck. 

A.  T.  Kraabel,  Lieutenant  Governor,  Clifford. 

DEPARTMENT    OF   JUSTICE. 
State  Supreme  Court — 

B.  F.  Spalding,  Chief  Justice,  Fargo. 
Chas.  J.  Fisk,  Associate  Justice,  Bismarck. 
E.  T.  Burke,  Associate  Justice,  Bismarck. 
E.  B.  Goss,  Associate  Justice,  Bismarck. 
Andrew  A.  Bruce,  Associate  Justice,  Bismarck. 
H.  A.  I..ibby,  Reporter,  Park  River, 

R.  D.  Hoskins,   Clerk,   Bismarck. 

E.  P.  Wing,  State  Law  Librarian,  Bismarck. 

Henry  Newton,   Stenographer,  Bismarck. 

DEPARTMENT  OP  STATE. 
Thomas  Hall,  Secretary  of  State,  Bismarck. 
John  Andrews,  Deputy  Secretary  of  State,  Bismarck. 
Albert  N.  Wold,  Chief  Clerk,  Bismarck. 

Eugene  M.  Walla,  Motor  Vehicle  Registration  Clerk,  Jamestown. 
Frank  Wilder,  Recording  Clerk,  Mandan. 
Mabel  W.   Amiot,   Stenographer,   Bismarck. 
Christine  S.  Laist,  Stenographer,  Bismarck. 
Karl   Peterson,   Stenographer,   Bismarck. 


Taylor  O.  Thompson,  Document  Clerk,  Minot. 
Dena  B.  Anderson,  Stenographer,  Bismarck. 

AUDITOR'S   DEPARTMENT. 
Carl  O.  Jorgenson,  State  Auditor,  Milnor. 
J.  H.  Nelson,  Deputy  State  Auditor,  Bismarck. 
W.  C.  Edwards,   Chief  Clerk,   Bismarck. 
D.  McPhee,  Clerk,  Bismarck. 
Lyle  Yegen,  Clerk,  Bismarck. 

TREASURER'S   DEPARTMENT. 
Gunder  Olson,  State  Treasurer,   Bismarck. 
T.  H.  Tharalson,  Deputy,  Bismarck. 
Jorgen  Howard,  Clerk,  Hillsboro. 
Gilbert  Gunderson,  Clerk,  Rugby. 
Mary  Brosnahan,  Stenographer,  Bismarck. 

INSURANCE  DEPARTMENT. 
Walter  C.  Taylor,  Commissioner,  Bismarck. 
W.  D.  Austin,  Deputy,  Bismarck. 
Dora  Michelson.   Chief  Clerk,   Bismarck. 
.  Leila  Diesem,  Clerk,  Bismarck. 
Mary  H.  Clark,  Stenographer,  Bismarck. 

HAIL  DEPARTMENT. 

Thos.  Sheehan,  Deputy  Hail  Insurance  Commissioner,  Bismarck. 
Mary  Hancock,  Stenographer,  Bismarck. 

FIRE    MARSHAL  DEPARTMENT. 

A.  H.  Runge,  Fire  Marshal,  Bismarck. 

H.  L.  Reade,  Deputy  Fire  Marshal,   Bismarck. 

LEGAL    DEPARTMENT. 
Andrew  Miller,  Attorney  General,  Bismarck. 
Alfred  Zuger,  Assistant,  Bismarck. 
John  Carmody,  Assistant,  Bismarck. 

B.  F.  Tillotson,  Clerk,  Bismarck. 
Elizabeth   Murphy,    Stenographer,   Bismarck. 


ET.EgxrON  LAWS 


DEPARTMENT   OF   PUBLIC    INSTRUCTION. 

E.  J.  Taylor,  Superintendent  of  Public  Instruction,  Bismarck. 

W.  E.  Parsons,  Deputy,  Bismarck. 

William  Moore,  Clerk,  Bismarck. 

Alice  Olson,  Clerk,  Bismarck. 

Olive  Proctor,  Stenographer,  Bismarck. 

DEPARTMENT   OF  AGRICULTURE   AND   LABOR. 

W.  C.  Gilbreath,  Commissioner,  Bismarck. 

Wellington  Irysh,  Deputy,   Bismarck. 

Geo.  McPherson,  Chief  Clerk,  Bismarck. 

R.  F.  Flint,  Dairy  Commissioner,  Bismarck. 

E.  H.  Pierce,  Assistant  Dairy  Commissioner,  Bismarck. 

E.  A.  Greenwood,  Assistant  Dairy   Commissioner,   Bismarck. 

R.  C.  Jackson,  U.  S.  Scientific  Dairyman.  Grafton. 

E.  S.  Neal,  Immigration  Commissioner,  Bismarck. 
R.  H.  Thistlethwaite,  Clerk,  Bismarck. 

Clara  E.  Stevens,  Stenographer,  Bismarck. 
Margaret  Brown,  Stenographer,  Bismarck. 
May  Swift,  Stenographer,  Bismarck. 

COMMISSIONERS   OF  RAILROADS. 

W.  H.   Stutsman,  President,  Mandan. 

0.  P.  N.  Anderson,  Starkweather. 
W.  H.  Mann,  New  Salem. 

W.   F.   Gushing,   Secretary,   Bismarck. 

H.  R.  Clough,  Clerk,  Bismarck. 

C.  H.  Olson,  Stenographer,  Bismarck. 

LAND   DEPARTMENT. 

Board  of  University  and  School  Lands — Governor,  Secretary  of  State, 
Superintendent   of   Public    Instruction,    Attorney   General,    State   Auditor. 
Frank  S.  Henry,  Commissioner,   Bismarck. 
H.  L.  Simmons,  Deputy,  Bismarck. 

Walter  E.  Sellens,  Mortgage  and  Bond  Clerk,  Bismarck. 
Gilbert  Haugen,   Lease  Clerk,   Bismarck. 
Lindley  H.  Patten,  Clerk,  Bismarck. 
C.  B.  Heinemeyer,  Clerk,  Bismarck. 
Lydia  Keithahn,   Stenographer,   Bismarck. 
Alice  Holland,  Stenographer,  Bismarck. 

DEPARTMENT   OF   STATE  EXAMINER. 

S.  G.  Severtson,  State  Examiner,  Bismarck. 
G.  J.  Johnson,  Chief  Deputy,  Bismarck. 
.E.   A.   Thorberg,   Deputy,   Mandan. 
K.  C.  Nelson,  Deputy,  Dakota. 
C.  E.  Forrest,  Deputy,  Bismarck. 

1.  E.  Hansen,  Deputy,  Jamestown. 
P.  E.  Halldorsen,  Deputy,  Bismarck. 
R.  D.  Beery,  Deputy,  Mott. 

Chas.  E.  Markley,  Deputy,  Pleasant  Lake. 

A.  Johannsen,  Deputy,  Minot. 

B.  J.  Schoregge,  Deputy,  Williston. 

STATE    TAX    COMMISSION. 

Luther  E.  Birdzell,  Chairman,  term  expires  May  1,  1915. 
Frank  E.   Packard,  term  expires  May  1,   1917. 
George  E.  Wallace,  term  expires  May  1,  1919. 

C.  R.  Kositzky,   Secretary,   Bismarck. 
^Vm.  V.  Kiebert,  Chief  Clerk,  Bismarck. 
L.  A.  Baker,  Field  Agent,   Bismarck. 
Fanny  Slattery,   Stenographer,   Bismarck. 
Odessa  Williams,  Stenographer,  Bismarck. 

BOARD  OF  CONTROL,   STATE   INSTITUTIONS. 
(Penal  and  Charitable.) 

R.  S.  Lewis,  Chairman,  Fargo,  N.  D.,  term  expires  March  1,  1915. 

F.  O.  Brewster,  Harvey,  N.  D.,  term  expires  March  1,  1915. 
J.  W.  Jackson,  Williston,  N.  D.,  term  expires  March  1,  1915. 
Ernest  G.  Wanner,   Secretary,   Valley  City,   N.  D. 

Fred  J.  Grady,  Ctiief  Clerk,   St.  John,   N.  D. 
Address  of  Board,  Bismarck. 


STATE  OF  NORTH  DAKOTA 


STATE    PENAL    AND     CHARITABLE    INSTITUTIONS    AND 
EXECUTIVE  HEADS. 

State  Penitentiary,  Bismarck — F.  S.  Talcott,  Warden. 

State  Institution  for  Feeble  Minded,  Grafton — A.  R.  T.  Wylie,  Super- 
intendent. 

State    Hospital    for    Insane,    Jamestown — W.    M.    Hotchkiss,    Superin- 
tendent. 

State  Blind  Asylum,  Bathgate — B.  P.  Chappie,  Superintendent. 

Reform  School,   Mandan — J.   W.   Brown,   Superintendent. 

School  for  the  Deaf,  Devils  Lake — J.  W.  Blattner,  Superintendent. 
Tuberculosis  Sanitarium,  Dunselth,  Dr.  J.  G.  Lament,  Superintendent. 

NORTH    DAKOTA    STATE    PUBLIC    LIBRARY    COMMISSION. 

Members  Appointed  by  the  Governor : 

A.  E.  Sheets,  Lakota,  President.     Term  expires  March  10,   1915. 

Mrs.  Clara  L.   Darrow,   Fargo.     Term  expires  April   1,   1919. 
Members  Ex-Officio: 

0.  G.  Llbby,  Grand  Forks.  Secretary  State  Historical  Society. 

E.  J.  Taylor,  Bismarck    St,ate  Superintendent  of  Public  Instruction. 
R.  A.  Nestos,"  Mlnot,  President  State  Library  Association. 

Staff: 

Mrs.  Minnie  Clarke  Budlong,  Bismarck,  Secretary  of  Commission  and 
Director  of  Library  Extension. 

1.  A.  Acker,  Bismarck,   Legislative  Reference  Librarian. 

Florence    MacPhee,    Bismarck,    Chief   Traveling   Library    Department. 
Haldora  Peterson,  Bismarck,  Stenographer, 
Elsie  Smith,  Bismarck,   Clerk. 

STATE   ENGINEER'S  DEPARTMENT 

J.  W.  Bliss.  State  Engineer. 
Ruby  Schuman,  Stenographer. 

MILITARY  DEPARTMENT. 

I.  A.  Berg,  Adjutant  General,  Grand  Forks. 

Major  R.  R.  Steedman,  U.  S.  A.  Retired,  Military  Secretary,  Bismarck. 
Lieut.  F.  H.  Turner,  Inspector-Instructor,  Bismarck. 
William  F.  Harris,  Chief  Clerk,   Bismarck. 
Colonels  and  Aids-de-camp: 
Gilbert  W.  Davis,  Fargo. 

C.  E.  Batchellor,  Fingal. 

D.  Lemieux,   Dunselth. 
Henry  Hale,  Devils  Lake. 
Oscar  Knudson,  Grand  Forks. 
Alex.  Scarlett.  Mlnot. 

STATE   HISTORICAL   SOCIETY. 
Officers  of  Society. 

Hon.  Chas.  F.  Amldon,  Fargo,  President. 

C.  B.  Little,  Bismarck,  Vice  President. 

J.  L.  Cashel,   Grafton,  Treasurer. 

O.  G.  Llbby,  Grand  Forks,  Secretary. 

H.  C.  Fish,  Curator,  Bismarck. 

Elina  Thorstelnson,  Librarian,  Bismarck. 

Directors. 

J.  L.  Bell,  Bismarck,  term  expires  March  31,  1917. 
W.  H.  Mann,  New  Salem,  term  expires  March  31,  1915. 
Chas.  J.  Flsk,  Bismarck,  term  expires  March  31,   1917. 
John  M.  Gillette,  Grand  Forks,  term  expires  March  31,  1917. 
W.  B.  Overson,  Willlston,  term  expires  March  31,   1917. 
N.  G.  Larimore,  Larimore,  term  expires  March  31,  1915. 
H.  J.  Hagen,  Abercrombie,  term  expires  March  31,   1917. 
Dr.  J.  D.  Taylor,  Grand  Forks,  term  expires  March  31,  1917. 
L.  F.  Crawford,  Sentinel  Butte,   term  expires  March  31,   1915. 

F.  A.  Wardwell,   Pembina,  term  expires  March  31,  1917. 
W.  H.  White,  Fargo,  term  expires  March  31,  1917. 
Svelnbjorn  Johnson,  Cavalier,  term  expires  March  31,   1917. 
Ex-offlcio   Directors — Governor,   Auditor,   Secretary  of   State,   Superin- 
tendent of  Public  Instruction,  Commissioner  of  Agriculture  and  Labor. 

STATE   CAPITOL. 
Capitol  Building — Jacob  Rieder,  superintendent,  Bismarck. 


ELECTION  LAWS 


TRUSTEES  STATE  UNIVERSITY,  GRAND  FORKS. 

N.  C.  Young,  Fargo,  term  expires  first  Tuesday  in  April,  1917. 
W.  H.  Hutchinson,  LaMoure,  term  expires  first  Tuesday  in  April,  1915. 
Karl  J.  Farup,  Park  River,  term  expires  first  Tuesday  in  April,  1917, 
Tracy  R.   Bangs,   Grand   Forks,   term  expires  first  Tuesday  In  April, 

1915. 
Fred  L.  Goodman,  Grand  Forks,  term  expires  first  Tuesday  In  April, 

1917. 

TRUSTEES    AGRICULTURAL    COLLEGE,    FARGO. 

C.  E.  Nugent,  Resident,  Fargo,  term  expires  1915. 
George  H.  Hollister,  Fargo,  term  expires  1U15. 
Clark  W.  Kelly,  Devils  Lake,  term  expires  1915. 
Peter  Elliott,  Fargo,  term  expires  1915. 

Alex  Stern,  Fargo,  term  expires  1917. 
Eugene  Weigel,  Hebron,  term  expires  1917. 
J.  Fred  Jensen,  Westhope,  term  expires  1917. 
W.  A.  Yoder,  Secretary. 
Fred  Irish,  Treasurer. 

TRUSTEES  ACADEMY  OF  SCIENCE,  WAHPETON. 

John  J.  Zentgraf,  Wahpeton,  term  expires  first  Tuesday  in  April,  1915. 
Chas.  Quinn,  Wahpeton,  term  expires  first  Tuesday  in  April,   1915. 
John   B.    Wagner,    Lidgerwood,    term   expires    first   Tuesday   in   April, 

1915. 
W.  E.  Clark,  Tower  City,  term  expires  first  Tuesday  in  April,  1917. 
R.  S.  Miller,  Gackle,  term  expires  first  Tuesday  in  April,  1917. 

TRUSTEES    INDUSTRIAL    SCHOOL,    ELLENDALE. 

H.  H.  Perry,  Ellendale,  term  expires  third  Monday  In  February,  1915. 
Richard  McCarten,  Cogswell,  term  expires  third  Monday  in  February, 

1915. 
Fred  S.  Goddard,  Ellendale,  term  expires  third  Monday  in  February, 

1917. 

D.  E.  Geer,  Ellendale,  term  expires  third  Monday  in  February,   1917. 
Chester  R.  Hodge,  Jamestown,  term  expires  third  Monday  in  February, 

1915. 

DIRECTORS   SCHOOL   OF   FORESTRY,   BOTTINEAU. 

.    Frank  Peltier,  Rolette,  term  expires  first  Tuesday  in  April,  1915. 
A.  R.  McKay,  Bottineau,  term  expires  first  Tuesday  in  April,  1915. 
S.  W.  Wheelon,  Towner,  term  expires  first  Tuesday  in  April,  1917. 

STATE  NORMAL  BOARD  OF  CONTROL. 

H.  A.  Nelson,  Nesson,  term  expires  March  14,  1915. 

F.  A.  Wilson,  Bathgate,  term  expires  March  14,  1915. 

Hugh  MacDonald,  Valley  City,  term  expires  March  14,  1915. 

R.  N.  Rishworth,  McClusky,  term  expires  first  Tuesday  In  April,  1917. 

J.  M.  Devlne,  Minot,  term  expires  first  Tuesday  in  April,  1917. 

M.  L.  Elken,  Mayville,  term  expires  first  Tuesday  in  April,  1917. 

E.  J.  Taylor,  Superintendent  of  Public  Instruction,  ex-officio. 

STATE  BOARD  OF  EDUCATION. 

E.  J.  Taylor,  Superintendent  of  Public  Instruction,  Bismarck,  Presi- 
dent, ex-officio. 

F.  L.  McVey,  President  State  University,  Grand  Forks,  ex-ofl[icio. 
J.  H.  Worst,  President  Agricultural  College,  Fargo,  ex-officio. 
Richard  Heyward,  High  School  Inspector,  Grand  Forks,  ex-officio. 
N.  C.  Macdonald,  Rural  School  Inspector,  Valley  City,  ex-officio. 

T.  A.  Hillyer,  President  State  Normal  School,  Mayville,  term  expires 
April  6,  1915. 

F.  E.  Smith,  President  State  Science  School,  Wahpeton,  term  expires 
April  6,  1915. 

Miss  Mamie  Sorenson,  County  Superintendent,  Cando,  term  expires 
April  6,  1915. 

L.  F.  Crawford,  Sentinel  Butte,  term  expires  April  6,   1915. 

W.  E.  Parson,  Deputy  Superintendent  of  Public  Instruction,  ex-ofliclo. 
Secretary  to  the  Board. 


STATE  OF  NORTH  DAKOTA 


STATE    AGRICULTURAL.    AND    TRAINING    SCHOOL.    BOARD. 

President  of  the  Agricultural  College. 

State  Superintendent  of  Public  Instruction. 

H.  U.  Thomas,  Oberon,   term  expires  March  3,   1915. 

J.  H.  Matthews,  Larimore,  term  expires  March  8,   1914. 

Gilbert  Erickson,  Lankin,  term  expires  March  3,  1916. 

DIRECTORS   AGRICULTURAL    EXPERIMENT    STATIONS 

All  experiment  stations  under  the  direction  of  Agricultural  Colleffe. 
Superintendents  appointed  by  same.  Sub-stations  located  at  Dickin«on, 
Williston,  Langdon,  Edgley  and  Hettinger. 

Dickinson,  L.  R,  Waldron,  superintendent. 

Williston,  E.   G.   Schollander,  superintendent. 

Langdon,   E.   D.   Stewart,   superintendent. 

Edgeley,    O.    A.    Thompson,    superintendent. 
Hettinger,  W.  R.  Lanxon,  superintendent. 

FARMERS'   INSTITUTE  BOARD  OF  DIRECTORS. 

J.  H.  Shepperd,  Fargo  ;  C.  E.  Nugent,  Fargo ;  J.  H.  Worst,  Fargo ;  G. 
L.  Martin,  Fargo ;  W.  C.  Gilbreath,  Bismarck. 

EDUCATIONAL  DIRECTORY. 

University  of  North  Dakota,  Grand  Forks ;  established  1883  ;  opened 
1884  ;  Franklin  McVey,  president. 

Agricultural  College,  Fargo;  established  1890;  opened  1890;  John  H. 
Worst,  president. 

Normal  School  Valley  City;  established  1890;  opened  1893;  George 
A.  McFarland,  president. 

Normal  School,  Mayville ;  established  1890;  opened  1893;  Thomas  A. 
Hillyer,  president. 

Normal  School,  Minot;  established  1913;  opened  1913;  A.  G.  Crane, 
President. 

State  Industrial  School,  Ellendale ;  established  1890;  opened  1899; 
Willis  E.  Johnson,  president. 

Academy  of  Science,  Wahpeton  ;  established  1890  ;  opened  1890  ;  Fred. 
E.   Smith,  President. 

School  of  Forestry,   Bottineau;   W.  J.   Alexander,  president. 

School  Inspection:  R.  Hey  ward.  High  School  Inspector,  Grand  Forks; 
N.  C.  Macdonald,  Rural,  Graded  and  Consolidated  School  Inspector,  Valley 
City. 

Board  of  University  and  School  Lands  —  All  members  ex-offlcio  — 
President,  L.  B.  Hanna,  governor ;  vice-president,  Thos.  Hall,  secretary 
of  state ;  secretary,  E.  J.  Taylor,  superintendent  of  public  instruction ; 
Carl  O.  Jorgenson,  state  auditor;  Andrew  Miller,  Attorney  General. 

TRUSTEES  SOLDIERS'   HOME,   LISBON. 

Alexander  Hay,  Wahpeton,  term  expires  March  10,  1917. 

D.  F.  Siegfried,  Fargo,  term  expires  March  14,  1915. 
Myron  T.  Davis,  Lisbon,  term  expires  March  14,   1916. 

*  James  Cassidy,  Lisbon,  term  expires  March  19,  1917,  (*to  fill  vacancy 
caused  by  death  of  Hon.  C.  W.  Buttz.) 

G.  B.  Vallandigham,  Valley  City,  Commander  of  the  State  G.  A.  R., 
ex-officlo. 

STATE  GAME  AND  FISH  BOARD  OF  CONTROL. 

Charles  Brewer,  Secretary,  Fargo,  term  expires  April  1,  1917. 
W.  E.  Byerly,  Velva,  term  expires  July  1,  1915. 
J.  P.  Reeve,  Beach,  term  expires  April  1,  1917. 

E.  B.  McCutcheon,  Minot,  Game  Warden,  District  No.  1. 
W.  F.  Reko,  Mandan,  Game  Warden,  District  No.  2. 

STATE  FISH   COMMISSIONER. 
R.  W.  Main,  St.  John,  term  expires  July  15,  1915. 

NORTH  DAKOTA  CONSERVATION  COMMISSION 

L.  B.  Hanna,  Governor. 

A.  G.  Leonard,  Ph.  D.,  State  Geologist.  Grand  Forks. 

Jay  W.  Bliss,  State  Engineer. 

• Vacancy. 

Vacancy. 


10 


ELECTION  LAWS 


STATE    BOARD   OF   MEDICAL   EXAMINERS. 
H.  G.  Woutat,  Grand  Forks,  term  expires  August  1,  1915. 
A.  G.  Patterson,  Lisbon,  term  expires  August  1,  1913. 
A.  W    Skelsey,   Fargo,   term  expires  August  1,   1913. 
Francis  Peake,  Jamestown,  term  expires  August  1,  1913. 
Geo.  M.  Williamson,  Grand  Forks,  term  expires  August  1,  1913. 
Paul  Sorkness,  Fargo,  term  expires  August  1,  1914. 
A.  J.  McCannel,  Minot,  term  expires  August  1,   1914. 
J.  E.  Countryman,  Grafton,  term  expires  August  1,  1914. 

F.  G.  Benn,  Kulm,  term  expires  August  1,  1915. 

STATE    BOARD    OF    HEALTH. 

Andrew  Miller,  president  ex-officio,  Bismarck. 

Dr.  A.  M.   Call,  Rugby,   vice-president,   term  expires  first  Tuesday  tn 

April,   1915. 
Dr.  C.  J.  McGurren,  Devils  Lake,  Secretary,  term  expires  first  Tuesday 

in  April,  1915. 

BOARD  OF  BAR  EXAMINERS 

Emerson  H.  Smith,  Chairman,  Fargo,  term  expires  February  18,  1915. 
JefE  M.  Meyers,  Grafton,  term  expires  February  18,  1917. 
H.  A.  Bronson,  Grand  Forks,  term  expires  February  18,  1919. 
R.  D.  Hoskins,  Clerk  Supreme  Court,  Bismarck,  ex-officio  secretary  and 

treasurer. 

For  time  and  place  of  meeting,  address  the  secretary. 

BAR  ASSOCIATION   OF   NORTH  DAKOTA. 

A.  G.  Divet,  Wahpeton,  president. 

John  Knauf,  Jamestown,  vice  president. 

W.  H.  Stutsman,  Mandan,  secretary  and  treasurer. 

STATE  BOARD  OF  OSTEOPATHIC  EXAMINERS. 
Joseph  W.  Tarr,  Lidgerwood,  term  expires  July  1,   1916. 
R.  A.  Bolton,  Jamestown,  term  expires  Nov.  9,  1914. 
Geo.  E.  Hodge,  Grand  Forks,  term  expires,  May.  6,  1915. 

STATE  BOARD  OP  PHARMACY. 

Walter  Master,  Willow  City,  term  expires  March  22,  1918. 

W.  P.  Porterfield,  Fargo,  term  expires  September  17,  1917. 

H.  L.  Haussaman,  Grafton,  term  expires  August  12,  1918. 

W.  S.  Parker,  Secretary,  Lisbon,  term  expires  September  22,  1914. 

Burt  Finney,   Bismarck,  term  expires  April   5,   1916. 

STATE  BOARD  OP  DENTAL  EXAMINERS. 

L.  L.  Eckman,  Grand  Forks,  term  expires  April  26,  1914. 

G.  A.  Rawlings.  Bismarck,  term  expires  March  11,  1915  . 
F.  A.  Bricker,  Fargo,  term  expires  March  27,  1916. 

W.  E.  Hocking,  Devils  Lake,  term  expires  April  22,  1917. 
F.  W.  Rose,  Cooperstown,  term  expires  May  27,  1918. 

OPTOMETRY  BOARD. 

Thomas  Porte,  Grand  Forks,  term  expires  April  22,  1916. 
R.  B.  Newton,  Fargo,  term  expires  April  22,  1916. 
.  A.  G.  Tellner,  Jamestown,  term  expires  April  22,   1916. 
C.  G.  Conyne,  Mandan,  term  expires  April  22,  1916. 
Louis  Hanson,  Devils  Lake,  term  expires  April  22,  1916. 

STATE  BOARD  OP  BARBER  EXAMINERS. 

A.  N.  Eckler,  Minot,  term  expires  November  9,  1913. 
John  C.  Dolan,  Bismarck,  term  expires  November  9,  1913. 
Edward  Richardson,  Devils  Lake,  term  expires  November  9,   1913. 

STATE  BOARD  OF  EMBALMERS. 

W.  M.  Chandler,  Grafton,  term  expires  May  27,  1917. 
Chas.  J.  Weagent,  Minot,  term  expires  January  31,   1915. 
Porter  W.  Eddy,  Jamestown,  term  expires  January  31,  1915. 

STATE  BOARD   OP  VETERINARY  MEDICAL  EXAMINERS. 

A.  T.  Elliott,  Milton,  term  expires  July  1,  1915. 

C.  H.  Babcock,  Secretary,  New  Rockford,  term  expires  May  21,  1916. 

Frank  H.  Parmer,  Wahpeton,  term  expires  May  20,  1914. 


STATE  OF  NORTH  DAKOTA 11 

LIVE   STOCK   SANITARY  BOARD. 

Dr.  E.  J.  Walsh,  President,  Minot,  term  expires  April  1,  1915. 
Andrew  Veitch,   Vice  President,   Grand   Forks,   term   expires   April   1, 

1917. 
W.  L.  Richards,  Secretary,  Dickinson,  term  expires  April  1,  1916. 
Dr.  J.  W.  Robinson,  Garrison,  term  expires  April  1,  1914. 
T.  B.  Dawson,  LaMoure,  term  expires  April  1,  1912. 

Dr.  "VV.  F.  Crewe,  Executive  Officer  and  State  Veterinarian,  Bismarck. 
Dr.  L.  Van  Es,  Bacteriologist,  -Agricultural  College. 
Helen  McGillis,  Clerk,  Bismarck. 

STALLION  REGISTRATION  BOARD. 

Professor  of  animal  husbandry  of  the  Agricultural  College,  ex-offlcio 
secretary  and  executive  officer ;  professor  of  veterinary  science  of  Agri- 
cultural College  ;  commissioner  of  agriculture  and  labor ;  president  state 
live  stock  sanitary  board  ;  president  North  Dakota  live  stock  association. 

STATE  OIL  INSPECTOR 
T.  W.  Jackman,  Fargo,  term  expires  April  1,  1915. 

DEPUTIES 

R.  J.  Hughes,  Wahpeton. 

E.  M.  Jones,  Hankinson. 

J.  B.  Little,  Mott. 

Geo.  Hill,  Ardoch. 

John  Bishof,  Zeeland. 

J.  M.  Kellogg,   Oakes. 

Geo.  N.  Keniston,  Hettinger. 

C.  C.  Williams,  Ellendale. 

C.  W.  Leathart,  Fairmount. 

A.  W.  Crary,  Minot. 

M.  W.  Day,  Grand  Forks. 

Carl  Holzer,  Fargo. 

S.  E.  Ellingson,  Havana. 

J.  R.  Waters,  Beach. 

PANAMA  PACIFIC  EXPOSITION  COMMISSION. 
Governor. 

Commissioner  of  Agriculture  and  j-<abor. 
A.  Hilliard,  Dickinson. 
P.  J.  McClory    Devils  Lake. 
Axel  Egeland,  Bisbee. 
E.   F.  Gilbert,   Casselton. 
John  E.  Paulson,  Hillsboro. 

NORWAY  CENTENNIAL  COMMISSION. 
C.  W.  Plain,  Milton. 
H.   H.   Steele,  Mohall. 
A.  A.  Stenejhem,  Arnegard. 
A.  J.  Kookeide,  Churchs  Ferry. 
Nels  Lunneborg,  Milnor. 
Alfred  Gabrielson,   Manager,   Fargo. 

TRUSTEES    TEACHER'S    INSURANCE    AND    RETIREMENT     FUND. 

E.  J.  Taylor,  State  Superintendent. 

Gunder  Olson  State  Treasurer,  Ex-Offlcio. 

Clara  Struble,  Grand  Forks,  term  expires,  July  1,  1914. 

P.  S.  Berg,  Dickinson,  term  expires,  July  1,  1915. 

J,  A,  Haig,  Devils  Lake,  term  expires,  July  1,  1916, 

WHITE  STONE  HILL  COMMISSION. 

J.  B.  Taylor,  Ellendale,  term  expires,  July  1,  1915. 
J.  C.  Wilson,  Merricourt,  term  expires,  July  1,  1915. 
Lee  Northrop,  Merricourt,  term  expires,  July  1,  1915. 

PROBATE  CODE  COMPILATION  COMMISSION. 

A.  ,G.  Hanson,  Fargo,  term  expires  March  14.  1915. 

Geo.  E.  Wallace,  Wahpeton,  term  expires  March  14,  1915. 

Charles  Ego,  Lisbon,  term  expires  March  14,  1915. 


12  ELECTION  LAWS 


STATE  BOARD  OF  CANVASSERS. 
Primary  Elections. 

R.  D.  Hoskins,  Clerk  of  Supreme  Court. 

Thomas  Hall,  Secretary  of  State. 

E.  J.  Taylor,  Superintendent  of  Public  Instruction. 

Chairman  Republican   State   Central   Committee. 

Chairman   Democratic   State  Central   Committee. 

Meets  on  the  first  Tuesday  in  September  following-  a  primary  election. 
For  a  Presidential  Primary  meets  first  Tuesday  in  May,  following  such 
election. 

STATE   BOARD  OF  CANVASSERS. 
Gkneral  Elections. 

Thomas  Hall,  Secretary  of  State. 

Carl  O.  Jorgenson,  State  Auditor. 

Gunder  Olson,  State  Treasurer. 

Andrew  Miller,  Attorney  General. 

E.  J.  Taylor,  Superintendent  of  Public  Instruction. 

When  a  member  of  the  board  is  a  candidate  for  office  as  to  which 
votes  are  to  be  canvassed  by  him,  the  governor  is  required  to  designate 
some  other  state  officer  to  act  in  his  stead. 

Meets  on  the  second  Tuesday  in  December,  next  after  a  general  elec- 
tion and  within  forty  days  after  a  special  election. 

STATE    BOARD    OF   EQUALIZATION. 

L.  B.  Hanna,  Governor. 

Carl  O.  Jorgenson,  State  Auditor. 

Gunder  Olson,  State  Treasurer. 

Andrew  Miller,  Attorney  General. 

W.  C.  Gilbreath,  Commissioner  of  Agriculture  and  Labor.. 

Sessions  of  board  begin  on  first  Tuesday  in  August  each  year. 

STATE  EMERGENCY  COMMISSION. 

L.  B.   Hanna,   Governor. 
Thomas  Hall,  Secretary  of  State. 
Carl  O.  Jorgenson,  State  Auditor. 

STATE   BOARD   OF   PARDONS. 

L.  B.  Hanna,  Governor,  ex-officio. 

B.  F.  Spalding,  Chief  Justice,  ex-offlcio. 

Andrew  Miller,  Attorney  General,  ex-officio. 

E.  Smith  Petersen,  Park  River,  term  expires  May  6,  1915. 

Emil  Scow,  Bowman,  term  expires  May  6  ,1915. 

BOARD  OF  EXPERTS,  INDETERMINATE  SENTENCE. 
Warden,  physician  and  chaplain  of  penitentiary  and  W.  P.  Macomber, 
Wilton. 

STATE  AUDITING  BOARD. 

L.  B.  Hanna,  Governor. 
Carl  O.  Jorgenson,  State  Auditor. 
Andrew  Miller,  Attorney  General. 
Thomas  Hall,  Secretary  of  State. 
Gunder  Olson,  State  Treasurer. 

STATE  BOARD  OF  AUDITORS. 

Thomas  Hall,  Secretary  of  State. 
Carl  O.  Jorgenson,  State  Auditor. 
Andrew  Miller,  Attorney  General. 

STATE  BANKING  BOARD. 

L.  B.  Hanna,  Governor. 

Thomas  Hall,  Secretary  of  State. 

Andrew  Miller,  Attorney  General. 

S.  G.  Severton,  State  Examiner,  secretary  ex-officio. 

BOARD  OF  TRUSTEES  OF  PUBLIC  PROPERTY. 

L.  B.  Hanna,  Governor. 

Thomas  Hall,  Secretary  of  State. 

Carl  O.  Jorgenson,  State  Auditor. 


STATE  OF  NORTH  DAKOTA 13 

COMMISSIONERS  OF  PUBLIC  PRINTING. 

Thomas  Hall,  Secretary  of  State. 
Carl  O.  Jorgenson,  State  Auditor. 
Gunder  Olson,  State  Treasurer. 
Taylor  O.  Thompson,.  Secretary, 

HOTEL  INSPECTOR. 

W.  B.  Woolsey,  Grand  Porks,  term  expires  first  Monday  in  January, 
1915. 

PURE  FOOD   COMMISSIONER. 
♦    E.  F.  Ladd,  Fargo. 

HUMANE   OFFICER. 
Rev.  S.  A.  Danford,  Bismarck. 

U.  S.  WEATHER  BUREAU. 
O.  W.  Roberts,  director,  Bismarck,  N.  D. 

OFFICIAL  ESTRAY  PAPER. 
Sentinel,  Warwick. 

DISTRICT  JUDGES  AND  OFFICIALS 

First  District— Charles  M.  Cooley,  Judge,  Grand  Forks;  A.  F.  Madi- 
son, Stenographer,  Grand  Forks. 

Second  District— C.  W.  Buttz,  Judge,  Devils  Lake;  Stenographer, 
(vacancy.) 

Third  District— Chas.  A.  Pollock,  Judge,  Fargo;  Wm.  C.  Green, 
Stenographer,  Fargo. 

Fourth  District— Frank  P.  Allen,  Judge,  Lisbon;  Walter  L.  Divet, 
Stenographer,  Lisbon. 

Fifth  District— J.  A.  CofCey,  Judge,  Courtenay;  R.  G.  McFarland, 
Stenographer,  Jamestown. 

Sixth  District — W.  L.  Nuessle,  Judge,  Washburn;  C.  C.  Wattam, 
Stenographer,  Washburn. 

Seventh  District — W.  J.  Kneeshaw,  Judge,  Pembina;  Laura  Dauben- 
berg.  Stenographer,  Grafton. 

Eighth  District— K.  E.  Leighton,  Judge,  Minot;  John  C.  Lowe,  Steno- 
grapher, Minot. 

Ninth  District— A.  G.  Burr,  Judge,  Rugby;  Harold  B.  Nelson,  Steno- 
grapher, Rugby. 

Tenth  District— W.  C.  Crawford,  Judge,  Dickinson;  R.  V.  Boulger, 
Stenographer,   Dickinson. 

Eleventh  District — Frank  E.  Fisk,  Judge,  Williston;  E.  E.  Hanyen, 
Stenographer,   Williston. 

Twelfth  District — Samuel  L.  Nuchols,  Judge,  Mandan;  L.  C.  Brod- 
erick,   Stenographer,  Mandan. 

FEDERAL  OFFICIALS. 

United  States  Circuit  Judge — Walter  H.  Sanborn,  St.  Paul,  Minn. 
Elmer  B.  Adams,  St.  Louis,  Mo. ;  Walter  I.  Smith,  Council  Bluffs,  Iowa ; 
William  C.  Hook,  Leavenworth,  Kansas. 

United  States  District  Judge — Charles  F.  Amidon,  Fargo,  N.  D. 

United  States  Marshal — James  F.  Shea,  Fargo,  N.  D. 

United  States  Attorney — Edward  Engerud,  Fargo,  N.  D. 

Assistant  United  States  Attorney — T.  H.  McEnroe,  Fargo,  N.  D. 

Clerk  United  States  Circuit  and  District  Courts — J.  A.  Montgomery, 
Fargo,  N.  D. 

Deputy  Clerks  —  Miss  E.  R.  Steele,  Fargo,  N.  D. ;  R.  D.  Hosklns, 
Bismarck,  N.  D. ;  H.  N.  Hamilton,  Grand  Forks,  N.  D. ;  D.  G.  Duell, 
Devils  Lake,  N.  D. ;  R.  E.  Hopkins,  Minot,  N.  D 

Deputy  Collectors  of  Internal  Revenue — H.  Ellerman,  Aberdeen,  S.  D. ; 
Geo.  H.  Piercy,  Jamestown ;  G.  H.  Merrlfield,  Grand  Forks,  N.  D. 

National  Bank  Examiner — C.  H.  Auheier,  Fargo,  N.  D. 

Collector  of  Customs — J.  LaMoure,  Jr.,  Pembina,  N.  D. 

Deputy  U.  S.  Marshals — G.  J.  Stout,  Chief  Deputy,  Fargo,  N.  D. ;  S. 
B.  Hochman,  Fargo,  N.  D. ;  Clark  W.  Haggart,  Fargo,  N.  D. ;  Jas.  A. 
Shea,  Fargo.  N.  D. 


14  ELECTION  LAWS 


CONGRESSIONAL. 

United  States  Senators — Porter  J.  McCumber,  "Wahpeton,  N.  D. ;  term 
expires  March  3,  1917;  A.  J.  Gronna,  Lakota,  N.  D.,  term  expires  March 
3,   1915. 

Representatives  In  Congress — 1st  District,  H.  T.  Helgeson,  Milton ; 
2nd  District,  George  M.  Young,  Valley  City;  3rd  District,  P.  D.  Norton, 
Hettinger. 

REFEREES   IN  BANKRUPTCY. 

John  L.  Lewis,  Minot,  October  10,  1911. 
Emerson  H.  Smith,  Fargo,  November  2,  1911. 
Theodore  Elton,  Grand  Forks,  October  15,  1912. 

TERMS  OF  SUPREME  AND  U.  S.  COURTS. 

Supreme  Court  —  April  term,  first  Tuesday  In  April  at  Bismarck ; 
October  term,  first  Tuesday  in  October  at  Bismarck. 

United  States  Court — At  Bismarck,  first  Tuesday  in  March ;  Devils 
Lake,  first  Tuesday  in  July ;  Fargo,  third  Tuesday  in  May ;  Grand  Forks, 
second  Tuesday  In  November ;  Minot,  second  Tuesday  In  October. 


UNITED  STATES  LAND  OFFICERS 

Bismarck — R.  N.  Stevens,  Register;  Chas.  T.  Staley,  Receiver. 
Devils  Lake — John  S.  McClory,  Register;  F.  W.  Cockburn,  Receiver. 
Dickinson — J.  G.   Quinlivan,  Register;  William  A.   McClure,  Receiver. 
Minot — Thomas  E.  Olsgard,  Register;  Victor  E.  Corbett,  Receiver. 
■Wllliston — Thomas  B.  Murphy,  Register;  Minor  S.  Williams,  Receiver. 


UNITED  STATES  COMMISSIONERS,  DISTRICT  OF  NORTH  DAKOTA. 

Alexander,    McKenzie    County  —  Robert   Norheim,    appointed   April    5, 

1910. 
Ashley,  Mcintosh  County — Hugo  P.  Remington,  appointed  September 

25,  1910. 
Almont,    Morton   County  —  G.   Harold  Anderson,   appointed  April   17, 

1911. 
Anamoose,   McHenry  County — Clinton   Cottingham,   appointed   October 

15.  1912. 
Amidon,  Billings  County — T.  M.  Agnew,  appointed  January  28,  1913. 
Bismarck,  Burleigh  County — M.  J.  McKenzie,  appointed  June  5,  1911. 
Beach,  Billings  County — R.  M.  Andrews,  appointed  September  8,  1909. 
Beach,  Billings  County — J.  A.  Miller,  appointed  November  21,  1910. 
Broncho,  Mercer  County — L.  B.  Hardy,  appointed  December  16,  1912. 
Bottineau,    Bottineau   County — John   H.   Kirk,   appointed   February    6, 

1913. 
Belfield,  Stark  County — Delbert  Hughes,  appointed  February  11,  1913. 
Charlson,  McKenzie  County — T.  E.  Charlston,  appointed  April  30,  1913. 
Center,  Oliver  County — H.  H.  Kenyon,  appointed  April  1,  1910. 
Center,  Oliver  County — Victor  R.  Boerner,  appointed  July  9,  1910. 
Cartwrlght,  McKenzie  County — Henry  E.  Johnson,  appointed  April  11, 

1910. 
Crosby,  Divide  County — ^W.  H.  Ware,  appointed  August  1,  1910. 
Dickinson,  Stark  County-r-W.  R.  Everett,  appointed  February  19,  1912. 
Devils  Lake,  Ramsey  County — George  Juergens,  appointed  January  8, 

1912. 
Driscoll,  Burleigh  County — Edwin  C.  Ruble,  appointed  September  25, 

1911. 
Dogden,  McLean  County — R.  E.  Person,  appointed  October  23,  1911. 
Ellendale,  Dickey  County — H.  H.  Perry,  appointed  November  14,  1910. 
Elgin,  Morton  County — F.  G.  Boettecher,  appointed  April  27,  1911. 
Emerson,    Dunn    County — ^Victor    Haughton,    appointed    January    29, 

1913. 
Fargo,  Cass  County — J.  A.  Montgomery,  (Extradition  Cases),  appoint- 
ed December  27,  1909. 

Fargo,  Cass  County — A.  W.  Cupler,  appointed  April  21,  1911. 
Flasher,  Morton  County — H.  H.  Thomas,  appointed  March  2,  1911. 
Fort  Yates,  Morton  County — John  Edward  Reeder,  appointed  August 

3,  19iy.  • 

Grand  Forks,  Grand  Forks  County — Geo.  R.  Robbins,   appointed  April 

29,   1911. 
Garrison,  McLean  County — ^J.  F.  Casey,  appointed  October  21,  1910. 


STATE  OF  NORTH  DAKOTA 15 

Gascoyne,    Bowman   County — F.   W.    Pitsor,   appointed   December    10, 

1912. 
Hettingrer,  Adams  County — Jacob  Sonderall,  appointed  April  27,  1911. 
Hettinger,  Adams  County — E.  C.  Thomas,  appointed  June  12,  1911. 
Halliday,  Dunn  County — Chas.  H.  Wade,  appointed  February  3,  1911. 
Hebron,  Morton  County — H.  E.  Hag-erman,  appointed  August  29,  1912. 
Jamestown,   Stutsman   County — Fred   G.   Kneeland,   appointed  June  5, 

1911. 
Kasmer,   Mercer  County — Robert  M.   Stroup,   appointed  November  13, 

1911. 
Krem,  Mercer  County — C.  N.  Janzen,  appointed  April  21,  1911. 
Langdon,  Cavalier  County — Joseph  Cleary,  appointed  June  5,  1911. 
Dakota,    Nelson    County — W.    C.    Fairbanks,    appointed    December   22, 

1911. 
Linton,   Emmons  County — H.   C.  Lynn,   appointed  December  31,   1912. 
Marmarth,   Billings   County — James  H.   Cramer,   appointed   September 

13,   1912. 
Manning,  Dunn  County — J.  A.  Palmer,  appointed  October  9,  1909. 
Manning,  Dunn  County — Wm.  P.  Owens,  appointed  February  5,   1912. 
Mott,  Hettinger  County — V.  H.  Crane,   appointed  September  11,  1909. 
McCluskey,   Sheridan  County — Frank  I.  Temple,   appointed  March  20, 

1913. 
Minot,  Ward  County — R.  E.  Hopkins  , appointed  September  26,  1910. 
Max,  McLean  County — H.  R.  Freitag,  appointed  January  11,  1912. 
Mohall,   Renville    County — Percy    S.    Crewe,    appointed    September    26, 

1911. 
Mandan,    Morton    County — E.    R.    Lanterman,    appointed    January    8, 

1912. 
Makoti,  Ward  County — E.  H.  Johnson,  appointed  April  20,  1912. 
Mott,  Hettinger  County — R.  E.  McCain,  appointed  December  20,  1912. 
Napoleon,  Logan  County — Geo.  A,  Bryant,  appointed  May  30,  1910. 
New  England,   Hettinger  County — Charles  Simon,   appointed  March 

24,  1910. 
New  Leipzig,  Morton  County — M.  C.  Rausch,  appointed  May  16,  1912. 
Pembina,    Pembina   County — E.   W.    Conmy,    appointed   November    14, 

1910. 
Plaza,  Ward  County — O.  M.  Heath,  appointed  June  10,  1910. 
Rolla,  Rolette  County — G.  F.  Galloway,  appointed  May  9,  1911. 
Rugby,  Pierce  County — Seldon  Crockett,  appointed  November  27,  1909. 
Ryder,  Ward  County — H.  C.  Miller,  appointed  May  19,  1910. 
Raleigh,  Morton  County — John  P.  Bartel,  appointed  January  28,  1911. 
Regent,  Hettinger  County — Frank  L.  Schnebly,  appointed  October  12, 

1910. 
Richardton,    Stark    County — E.    Mottershead,    appointed    November    2, 

1911. 
Rhame,  Bowman  County — R.  D.  Shaw,  appointed  April  20,  1912. 
Ryder,  Ward  County — David  Larin,  appointed  January  8,  1913. 
Sykeston,  Wells  County — A.  G.  Covel,  appointed  April  14,  1910. 
Schaefer,    McKenzie   County — G.    L.    Gullickson,    appointed   March   25, 

1910. 
Schaefer,  McKenzie  County — N.  F.  Snyder,  appointed  August  12,  1910. 
Stowers,  Adams  County — H.  L.  Simmons,  appointed  March  4,  1912. 
Shields,  Morton  County — C.  J.  Klahn,  appointed  March  23,  1911. 
Stanton,  Mercer  County — C.  F.  Schwelgert,  appointed  May  22,  1911. 
Stanley,    Mountrail    County — R.    W.    Schulenberg,    appointed    July    14, 

1911. 
Stady,  Williams  County — F.  B.  Ellsworth,  appointed  July  5,  1912. 
Steele,  Kidder  County — Rees  L.  Phelps,  appointed  December  13,  1912. 
Scranton,    Bowman   County — Pennington,   W.   A.,    appointed    February 

11,  1913. 
Tagus,  Ward  County — M.  C.  Egan,  appointed  January  23,  1911. 
Valley  City,  Barnes  County — C.  A.  Zabel,  appointed  October  5,   1911. 
Washburn,    McLean   County — Jas.    T.    McCullock,    appointed   June    12, 

1911. 


16  ELECTION  LAWS 


ELECTION   CALENDAR,  1914 

March  7 — Last  day  for  township  clerk  to  give  and  post  notice  of  annual 
township  meeting  and  election. 

March  17 — Annual  township  meeting  and  election. 

March  17 — Last  day  for  filing  of  nominating  petitions  for  municipal  officers 
in  commission  governed  and  other  municipalities. 

March  26 — First  day  primary  election  petitions  for  state  wide  primary 
may  be  signed. 

March  27 — Last  day  for  city  auditor  in  commission  governed  city  to  give 
notice  of  city  election. 

March  27 — Last  day  for  city  council  in  other  than  commission  governed 
municipalities  to  give  notice  of  city  election. 

April  1 — First  day  on  which  Secretary  of  State  may  notify  county  audi: 
tors  of  what  officers  to  be  nominated. 

April  1 — First  day  on  which  assessor  may  commence  to  make  party  reg- 
istration of  voters.  The  assessor  is  given  until  May  25  to  complete 
the  registration. 

April  6 — Annual  election  for  city  officers.  Biennial  election  in  commis- 
sion governed  cities. 

April  25 — First  day  on  which  candidates  for  the  following  offices  may 
present  their  petitions  to  the  Secretary  of  State  for  filing:  United 
States  Senator,  Member  of  Congress,  state  officers  and  judges  of  the 
supreme  and  district  courts. 

May  1 — Last  day  of  period  in  which  the  Secretary  of  State  must  notify 
county  auditors  of  what  officers  to  be  nominated. 

May  5 — Last  day  on  which  candidate  for  nomination  at  state  wide  pri- 
mary may  file  data  for  publication  in  the  publicity  pamphlet  with  the 
Secretary  of  State. 

May  15 — First  day  on  which  candidates  for  nomination  for  county  and  dis- 
trict offices  may  file  their  petitions  with  the  county  auditor. 

May  15 — Last  day  on  which  Secretary  of  State  may  edit  and  prepare  copy 
for  the  publicity  pamphlet. 

May  24 — First  day  of  first  week  in  which  county  auditor  must  commence 
publication  of  notice  of  state  wide  primary  election. 

May  25— Last  day  on  which  assessor  may  file  party  registration  lists  with 
county  auditor. 

May  25 — Last  day  on  which  candidates  for  nomination  for  the  following 
offices  may  file  their  petitions  with  the  Secretary  of  State:  United 
States  Senator,  Member  of  Congress,  state  officers  and  judges  of  the 
supreme  and  district  courts. 

May  25 — Last  day  on  which  candidates  for  nomination  for  the  following 
offices  may  file  their  petitions  with  the  County  Auditor:  County  and 
legislative.    Petitions  must  be  filed  before  4  p.  m. 

May  25 — Last  day  on  which  county  auditor  may  deliver  list  of  voters 
with  postoffice  addresses  to  the  Secretary  of  State. 

May  26 — First  day  on  which  petitions  to  fill  vacancy  on  the  primary  elec- 
tion ballot  may  be  filed. 

May  30 — Last  day  on  which  Secretary  of  State  may  transmit  to  the  county 
auditors,  certified  lists  of  nominations  filed  in  his  office. 


STATE  OF  NORTH  DAKOTA 17 

May  30 — Last  day  on  which  petition  to  fill  vacancy  on  the  primary  elec- 
tion ballot  may  be  filed. 

June  4 — Last  day  for  completion  of  and  delivery  to  Secretary  of  State  of 
publicity  pamphlet  by  printer. 

Jgne  4 — Last  day  for  mailing  out  of  publicity  pamphlet  by  Secretary  of 
State. 

June  19 — Last  day  for  printing  of  election  ballots  for  state  wide  primary. 

June  19 — Last  day  for  the  transmission  of  tinted  ballots  to  inspectors  of 
elections  in  the  different  precincts. 

June  23 — Twenty-four  hours  before  opening  of  polls.  Last  hour  for  de- 
livery of  ballots,  copy  of  registration  lists  and  other  election  supplies 
to  inspectors  by  county  auditor. 

June  24 — Primary  election  day.  Candidates  for  the  following  offices  are 
nominated:  United  States  Senator,  Members  of  Congress,  state  offi- 
cers, members  of  the  supreme  and  district  courts,  district  and  county 
officers,  members  of  the  legislative  assembly  and  county  commis- 
sioners. Polls  open  at  8  a.  m.  and  remain  open  continuously  until  5 
p.  m.,  unless  otherwise  provided  for, 

July  1 — First  day  on  which  Secretary  of  State  may  issue  notice  to  county 
auditor  of  all  state  officers  whose  terms  expire  between  the  first  Mon- 
day in  December  and  first  Monday  in  January  next  succeeding  gen- 
eral election  and  specifying  what  offices  are  to  be  filled  in  the  various 
counties.  Period  within  which  such  notice  may  be  issued  expires  on 
September  1. 

July  2 — County  canvassing  board  to  meet  at  county  seat  at  10  a.  m.,  to 
canvass  primary  election  returns. 

July  9 — Last  day  on  which  candidates  for  nomination  at  the  primary 
election  may  file  their  itemized  statements  of  election  expenses  with 
the  Secretary  of  State  and  the  county  auditors. 

July  15 — County  committees  of  each  party  meet  at  the  county  seat  at  2 
p.  m. 

July  24 — Last  day  on  which  clerk  of  primary  election  precinct  may  file 
list  of  voters  with  the  registration  board. 

August  4 — Last  day  on  which  county  auditor  may  certify  abstract  of 
votes  to  the  Secretary  of  State. 

September  1 — State  canvassing  board  convenes  in  the  office  of  the  Secre- 
tary of  State  to  canvass  primary  election  returns. 

September  2 — State  central  committees  of  each  party  convene  at  the 
State  Capitol. 

September  29 — First  day  of  period  within  which  Secretary  of  State  shall 
certify  to  county  auditors  the  names  and  addresses  of  the  nominees. 

October  4 — Last  day  on  which  nominee  may  decline  nomination. 

October  4 — First  day  of  first  week  in  which  county  auditor  must  cause 
notice  of  general  election  to  be  published. 

October  4 — Last  day  for  filing  of  certificate  of  nomination  with  the  Secre- 
tary of  State. 

October  4 — Last  day  of  period  within  which  the  Secretary  of  State  shall 
certify  to  county  auditor  the  names  and  addresses  of  the  nominees. 

October  9 — Last  day  for  filing  certificates  of  nomination  with  the  county 
auditor. 

October  14 — Last  day  for  posting  of  general  election  notices  by  sheriff, 
coroner,  or  agent  of  county  auditor  in  counties  where  there  are  no 
newspapers  published. 

October  25 — Last  day  for  commencing  publication  of  certificates  of  nom- 
ination by  county  auditor. 


18  ELECTION  LAWS 


October  29 — Last  day  for  printing  of  general  election  pamphlet. 

October  29 — Last  day  for  transmission  by  county  auditor  of  tinted  general 

election  ballots  to  the  inspectors  in  the  different  precincts. 
November  2 — Twenty-four  hours  before  the  opening  of  the  polls  the  last 

hour  for  the  delivery  by  county  auditor  to  inspectors  of  election  of 

general  election  ballots  and  other  election  supplies. 
November  3 — General   election   day.     Following   officers   to   be   elected: 

United  States  Senator,  members  of  Congress,  members  of  supreme 

and  district  courts,   state  officers,  county  and  district  members  of 

legislative  assembly  and  county  commissioners.    Polls  open  at  8  a.  m. 

and  close  at  5  p.  m.,  except  where  otherwise  provided. 
November  6 — Last  day  for  delivery  of  statement  of  election  returns  to 

county  auditor  by  inspectors  of  elections. 
November  18 — Last  day  on  which  candidates  at  general  election  may  file 

itemized  statement  of  election  and  campaign  expenses  with  county 

auditor  or  Secretary  of  State. 
November  18 — :County   canvassing   board   convenes   to   canvass   election 

returns. 
December  1 — Last  day  on  which  county  auditor  may  transmit  abstract 

of  votes  to  the  Secretary  of  State. 
December  8 — State  canvassing  board  convenes  in  office  of  the  Secretary 

of  State.     Governor's  election  proclamation  to  be  issued  within  ten 

days  after  completion  of  canvass. 

1916 

Presidential   Election  Year — State  wide  election  of  delegates  to  national 
convention  takes  place  on  the  third  Tuesday  in  March. 


STATE  OF  NORTH  DAKOTA  18a 


LEGISLATIVE  DISTRICTS. 


§  1.  Number  of  district.]  Until  otherwise  provided  by 
law  under  the  terms  of  the  Constitution,  the  legislative  as- 
sembly of  the  state  of  North  Dakota  shall  until  the  end  of 
1914  consist  of  fifty  senators  and  one  hundred  and  twelve 
representatives,  and  shall  thereafter  consist  of  forty-nine 
senators  and  one  hundred  and  thirteen  representatives, 
and  the  senatorial  and  representative  districts  of  the  state 
shall  be  formed,  and  the  senators  and  representatives  be 
apportioned  as  follows: 

(1)  The  eastern  part  of  the  county  of  Pembina,  now 
constituting  the  first  legislative  district,  shall  be  added  to 
and  become  a  part  of  the  second  legislative  district,  and  the 
said  second  legislative  district  is  hereby  renumbered  and 
shall  hereafter  be  and  become  known  as  the  First  Legisla- 
tive District,  and  the  term  of  the  senator  from  the  district 
so  enlarged  and  renumbered  shall  continue  for  the  period 
for  which  he  was  elected  as  senator  of  the  second  legislative 
district,  and  the  said  first  legislative  district  shall  in  Novem- 
ber, 1914,  elect  his  successor  for  a  term  of  but  two  years, 
and  the  said  district  consisting  of  the  county  of  Pembina 
shall  be  entitled  to  one  senator  and  three  representatives. 

(2)  The  second  district  shall  consist  of  the  city  of  Ken- 
mare  and  that  portion  of  Ward  county  situated  and  being 
in  townships  154, 155  and  156  of  ranges  85,  86  and  87;  town- 
ship 157  of  ranges  84,  85,  86  and  87;  township  158  of  range 
87;  townships  159  and  160  of  ranges  87,  88  and  89;  and 
township  161  of  range  88,  and  shall  be  entitled  to  one  sen- 
ator and  one  representative. 

(3)  The  third  district  shall  consist  of  the  townships  of 
Perth,  Latona,  Adams,  Silvesta,  Cleveland,  Norton,  Vesta, 
Tiber,  Medford,  Vernon,  Golden,  Lampton,  Eden,  Rushford, 
Kensington,  Dundee,  Ops,  Prairie  Centre,  Fertile,  City  of 
Park  River,  village  of  Edinburg,  village  of  Conway,  village 
of  Hopple,  village  of  Pisek,  village  of  Adams,  Fairdale, 
Glenwood,  Kinloss,  Shepherd,  Sauter  and  Dewey,  in  the 
county  of  Walsh,  and  be  entitled  to  one  senator  and  two 
representatives. 


18b  ELECTION  LAWS 


(4)  The  fourth  district  shall  consist  of  the  townships  of 
Forest  River,  village  of  Forest  River,  Walsh  Centre,  Graf- 
ton, city  of  Grafton,  Farmington,  Ardock,  village  of  Ardock, 
Harriston,  Oakwood,  Martin,  Walshville,  Pulaski,  Acton, 
city  of  Minto  and  St.  Andrews,  in  the  county  of  Walsh,  and 
be  entitled  to  one  senator  and  one  representative. 

(5)  The  fifth  district  shall  consist  of  the  townships  of 
Gilby,  Johnstown,  Strabane,  Wheatfield,  Hegton,  Arvilla, 
Avon,  Northwood,  city  of  Northwood,  Lind,  Grace,  Lari- 
more,  city  of  Larimore,  Elm,  Grove,  Agnes,  Inkster,  city  of 
Inkster,  Elkmount,  Plymouth,  Niagara,  Moraine,  Logan 
Centre  and  Loretta,  in  the  county  of  Grand  Forks,  and  be 
entitled  to  one  senator  and  one  representative. 

(6)  The  sixth  district  shall  consist  of  the  third,  fourth, 
fifth  and  sixth  wards  of  the  city  of  Grand  Forks,  as  now 
constituted,  and  the  townships  of  Faulkner,  Harvey,  Turtle 
River,  Ferry,  Rye,  Rlooming,  Mekinock,  Lakeville  and  Le- 
vant, in  the  county  of  Grand  Forks,  and  be  entitled  to  one 
senator  and  one  representative. 

(7)  The  seventh  district  shall  consist  of  the  first,  secon  1 
and  seventh  wards  of  the  city  of  Grand  Forks,  as  now  con- 
stituted, and  the  townships  of  Grand  Forks,  Rrenna,  Oak- 
ville,  Chester,  Pleasant  View,  Fairfield,  Allendale,  Walle, 
Bentru,  Americus,  Michigan,  Union,  Washington,  and  the 
first  and  second  wards  of  the  city  of  Reynolds,  in  the  county 
of  Grand  Forks,  and  be  entitled  to  one  senator  and  one 
representative. 

(8)  The  eighth  district  shall  consist  of  the  county  of 
Traill,  and  be  entitled  to  one  senator  and  three  represen- 
tatives. 

(9)  The  ninth  district  shall  consist  of  the  township  of 
Fargo  and  the  city  of  Fargo,  in  the  county  of  Cass,  and  the 
fractional  township  number  one  hundred  and  thirty-nine, 
range  forty-eight,  and  be  entitled  to  one  senator  and  three 
representatives. 

(10)  The  tenth  district  shall  consist  of  the  townships  of 
Noble,  Wiser,  Harwood,  Reed,  Barnes,  Stanley,  Pleasant, 
Kenyon,  Gardner,  Berlin,  Raymond,  Mapleton,  village  of 
Mapleton,  Warren,  Normania,  Bell,  Harmony,  Durbin, 
Addison,  Davenport,  village  of  Davenport,  Casselton,  and 
the  city  of  Casselton,  in  the  county  of  Cass,  and  be  entitled 
to  one  senator  and  two  representatives. 

(11)  The  eleventh  district  shall  consist  of  the  townships 
of  Gunkle,  Rush  River,  Hunter,  Arthur,  Amenia,  Everest, 


STATE  OF  NORTH  DAKOTA 18c 

Maple  River,  Leonard,  Dows,  Erie,  Empire,  Wheatland, 
Gill,  Walburg,  Watson,  Page,  Rich,  Ayr,  Buffalo,  the  village 
of  Buffalo,  Hov^es,  Eldred,  Highland,  Rochester,  Lake,  Cor- 
nell, Tower,  Hill,  Clifton  and  Pontias,  in  the  county  of 
Cass,  and  be  entitled  to  one  senator  and  two  representa- 
tives. 

(12)  The  twelfth  district  shall  consist  of  the  townships 
of  Eagle,  Abercrombie,  village  of  Abercrombie,  Dwight, 
Ibsen,  Centre,  Mooreton,  Bradenburg,  village  of  Great 
Bend,  Summit,  Fairmount,  village  of  Fairmont,  Devillo, 
Lamars,  Waldo,  Greendale,  and  the  city  of  Wahpeton,  in 
the  county  of  Richland,  and  be  entitled  to  one  senator  and 
two  representatives. 

(13)  The  thirteenth  district  shall  consist  of  the  county 
of  Sargent,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

(14)  The  fourteenth  district  shall  consist  of  the  county 
of  Ransom,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

(15)  The  fifteenth  district  shall  consist  of  the  townships 
of  Baldwin,  Dazey,  Laketown,  Pierce,  Uxbridge,  Edna,  Rog- 
ers, Grand  Prairie,  Minnie  Lake,  Anderson,  Hobart,  Potter, 
village  of  Dazey,  village  of  Wimbledon,  village  of  Sanborn, 
city  of  Valley  City,  township  one  hundred  forty-three,  range 
fifty-six;  townships  one  hundred  forty- three,  range  fifty- 
eight;  township  one  hundred  forty- two,  range  fifty-eight; 
township  one  hundred  forty-one,  range  fifty-eight;  town- 
ship one  hundred  forty-one,  range  fifty-nine;  township  one 
hundred  forty-one,  range  sixty-one;  and  township  one  hun- 
dred forty,  range  fifty-eight,  in  the  county  of  Barnes,  and 
shall  be  entitled  to  one  senator  and  one  representative. 

(16)  The  sixteenth  district  shall  consist  of  the  counties 
of  Steele  and  Griggs,  and  be  entitled  to  one  senator  and 
three  representatives. 

(17)  The  seventeenth  district  shall  consist  of  the  county 
of  Nelson,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

(18)  The  eighteenth  district  shall  until  the  end  of  1914 
consist  of  the  townships  of  Cypress,  Byron,  Lynden,  Dres- 
den, Langdon,  city  of  Langdon,  South  Dresden,  Grey, 
Glenila,  Huron,  Moscow,  Waterloo,  Elgin,  Perry,  Billings, 
Nekoma,  Storlie,  Banner,  Trier,  Gordon,  Henderson,  Ne- 
koma  village,  Sievert,  Sarles  village,  Bruce  and  Minto,  in 
the  county  of  Cavalier,  and  shall  be  entitled  to  one  senator 


18d  ELECTION  LAWS 


and  one  representative,  and  thereafter  the  district  shall 
consist  of  all  of  the  county  of  Gavaler,  including  that  por- 
tion comprised  within  and  in  this  act  numbered  as  the  fif- 
tieth district,  and  shall  then  be  entitled  to  and  shall  in  No- 
vember, 1914,  elect  one  senator  and  three  representatives. 

(19)  The  nineteenth  district  shall  consist  of  the  county 
of  Rolette,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

(20)  The  twentieth  district  shall  consist  of  the  county 
of  Benson  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

(21)  The  twenty-first  district  shall  consist  of  the  county 
of  Ramsey,  and  be  entitled  to  one  senator  and  three  repre- 
sentatives. 

(22)  The  twenty-second  district  shall  consist  of  the 
county  of  Towner,  and  be  entitled  to  one  senator  and  two 
representatives. 

(23)  The  twenty-third  district  shall  consist  of  the  county 
of  Stutsman,  and  shall  be  entitled  to  one  senator  and  four 
representatives. 

(24)  The  twenty-fourth  district  shall  consist  of  the 
county  of  LaMoure,  and  shall  be  entitled  to  one  senator  and 
two  representatives. 

(25)  The  twenty-fifth  district  shall  consist  of  the  county 
of  Dickey,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

(26)  The  twenty-sixth  district  shall  consist  of  the  coun 
ties  of  Emmons  and  Kidder,  and  be  entitled  to  one  senator 
and  four  representatives. 

(27)  The  twenty-seventh  district  shall  consist  of  the 
county  of  Burleigh,  and  be  entitled  to  one  senator  and  three 
representatives. 

(28)  The  twenty-eighth  district  shall  consist  of  the 
county  of  Bottineau,  and  shall  be  entitled  to  one  senator 
^nd  four  representatives. 

(29)  The  twenty-ninth  district  shall  consist  of  the  city 
of  Minot  and  that  portion  of  Ward  county  situated  and  b  ■• 
ing  in  townships  151,  152  and  153  of  ranges  81,  82,  83,  84,  85, 
86  and  87;  townships  154,  155  and  156  of  ranges  82,  83  and 
84,  and  township  157  of  ranges  81,  82  and  83,  and  shall  bii 
entitled  to  one  senator  and  four  representatives. 

(30)     The  thirtieth  district  shall  consist  of  the  city  of  Man- 
dan  and  all  of  that  portion  of  the  county  of  Morton  situated 


STATE  OF  NORTH  DAKOTA 18e 

and  being  in  township  130  of  ranges  85  and  86;  townshio 
131  of  ranges  84,  85  and  86;  township  132,  ranges  83,  84,  65 
and  86;  township  133  of  ranges  82,  83,  84,  85  and  86;  town- 
ship 134  of  ranges,  79,  80,  81,  82,  83,  84,  85  and  86;  town- 
ships 135  and  136  of  ranges  79,  80,  81,  82,  83,  84  and  85; 
township  137  of  ranges  79,  80,  81,  82  and  83;  township  138  of 
ranges  80,  81,  82  and  83;  townships  139  and  140  of  ranges 
81,  82  and  83,  and  be  entitled  to  one  senator  and  three  rep- 
resentatives. 

(31)  The  thirty-first  district  shall  consist  of  the  county 
of  Stark,  and  be  entitled  to  one  senator  and  three  represen- 
tatives. 

(32)  The  thirty-second  district  shall  consist  of  the  coun- 
ties of  Eddy  and  Foster,  and  be  entitled  to  one  senator  and 
two  representatives. 

(33)  The  thirty-third  district  shall  consist  of  the  county 
of  Wells,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

(34)  The  thirty-fourth  district  shall  consist  of  the  town- 
ships 155,  156,  157  and  158,  north  of  range  75  west,  and  also 
townships  155,  156,  157,  158  and  159,  north  of  ranges  76,  77, 
78,  79  and  80,  in  the  county  of  McHenry,  and  be  entitled  to 
one  senator  and  one  representative. 

(35)  The  thirty-fifth  district  shall  consist  of  the  county 
of  Sheridan,  and  be  entitled  to  one  senator  and  one  repre- 
sentative. 

(36)  The  thirty-sixth  district  shall  consist  of  the  coun- 
ties of  Mcintosh  and  Logan,  and  shall  be  entitled  to  >  ope 
senator  and  three  representatives.  >  hnu 

(37)  The  thirty-seventh  district  shall  consist  of  the 
townships  of  Walcott,  Colfax,  Barrie,  Helendale,  Sheyenne, 
Viking,  Garburg,  Freeman,  West  End,  Homestead,  Grafton, 
Antelope,  Danton,  Garfield,  Dexter,  Wyndmere,  village  of 
Wyndmere,  Belford,  Liberty,  Brightwood,  town  of  Hankin- 
son,  Elma,  Durr,  city  of  Lidgerwood,  Moran  and  Grant,  in 
the  county  of  Richland,  and  be  entitled  to  one  senator  and 
two  representatives.  r  j-q^  \ 

(38)  The  thirty-eighth  district  shall  consist  of  the  town- 
ships of  Weimer,  Noltimeir,  Alta,  Oriska,  Springvale,  Cuba, 
Green,  Herman,  Mansfield,  Meadowlake,  Svea,  Scandia, 
Norman,  Binghampton,  Raritan,  Thordenskjold,  Oakville, 
Spring  Creek,  Rosebud,  Greenland,  village  of  Li tphville,  vil- 
lage of  Nome,  township  one  hundred  forty,  range  sixty-one; 
township  one  hundred   thirty-nine,  rang^  fifty-eight;   and 


18f  ELECTION  LAWS 


township  one  hundred  thirty-eight,  range  fifty-eight,  in  the 
county  of  Barnes,  and  be  entitled  to  one  senator  and  one 
representative. 

(39)  The  thirty-ninth  district  shall  consist  of  the  coun- 
ties of  Billings  and  Bowman  (including  the  counties  of 
Slope  and  Golden  Valley  if  created  from  the  territory  of 
Billings  county),  and  shall  be  entitled  to  one  senator  and 
three  representatives. 

(40)  The  fortieth  district  shall  consist  of  the  counties  of 
Burke  and  Divide,  and  be  entitled  to  one  senator  and  threes 
representatives. 

(41)  The  forty-first  district  shall  consist  of  the  counties 
of  Williams  and  McKenzie,  and  shall  be  entitled  to  one  sen- 
ator and  five  representatives. 

(42)  The  forty-second  district  shall  consist  of  the  county 
of  Pierce,  and  shall  be  entitled  to  one  senator  and  two  rep- 
resentatives. 

(43)  The  forty-third  district  shall  consist  of  the  county 
of  Benville,  and  shall  be  entitled  to  one  senator  and  one 
representative. 

(44)  The  forty-fourth  district  shall  consist  of  the  county 
of  Mountrail,  and  shall  be  entitled  to  one  senator  and  two 
representatives. 

(45)  The  forty-fifth  district  shall  consist  of  townships 
151,  152,  153  and  154,  north  of  range  75,  76,  78,  79  and  80  in 
the  county  of  McHenry,  and  shall  be  entitled  to  one  senator 
and  one  representative. 

(46)  The  forty-sixth  district  shall  consist  of  the  counties; 
of  McLean  and  Stevenson  (if  created  from  the  territory  of 
McLean  county),  and  shall  be  entitled  to  one  senator  and 
three  representatives. 

(47)  The  forty-seventh  district  shall  consist  of  that  por- 
tion of  Morton  county  situated  and  being  in  townships  130, 
131  and  132  of  ranges  87,  88,  89  and  90;  townships  133  and 
134  of  ranges  87,  88,  89  and  90;  townships  135  and  136  of 
ranges  86,  87,  88,  89  and  90;  townships  137,  138,  139  and  140 
of  ranges  84,  85,  86,  87,  88,  89  and  90,  and  shall  be  entitled 
to  one  senator  and  two  representatives. 

(48)  The  forty-eighth  district  shall  consist  of  the  coun- 
ties of  Mercer,  Oliver  and  Dunn,  and  be  entitled  to  one  sen- 
ator and  three  representatives. 


STATE  OF  NORTH  DAKOTA 18g 

(49)  The  forty-ninth  district  shall  consist  of  the  coun- 
ties of  Adams  and  Hettinger,  and  be  entitled  to  one  senatoi* 
and  two  representatives. 

(50)  The  fiftieth  district,  consisting  of  the  townships  of 
Hope,  Freemont,  Olga,  Loam,  Hay,  Harvey,  Manilla,  Easby, 
Alma,  East  Alma,  Montrose,  Oxford,  Mount  Carmel,  village 
of  Milton,  and  Osnabrock  village,  in  the  county  of  Cavalier, 
is  hereby  re-numbered  and  shall  hereafter  be  known  as  thd 
Fiftieth  District,  and  shall  until  the  end  of  1914  be  entitled 
to  one  senator  and  one  representative,  and  the  term  of  the 
senator  elected  for  the  district  so  re-numbered  shall  con- 
tinue until  the  end  of  1914,  and  with  the  expiration  of  1914 
the  said  Fiftieth  District  shall  cease  to  exist  and  the  terri- 
tory comprised  in  this  district  shall  be  added  to  and  be- 
come a  part  of  the  eighteenth  legislative  district,  which  will 
then  include  all  of  the  county  of  Cavalier.     [1911,  ch.  256.] 


STATE  OF  NORTH  DAKOTA  19 


CONGRESSIONAL  DISTRICTS. 

(Chapter  100,  1911  Session  Laws.) 

§  1.  The  State  of  North  Dakota  is  hereby  divided  into 
three  Congressional  districts,  each  of  which  is  entitled  to 
elect  one  representative  to  the  Congress  of  the  United 
States. 

§  2.  First  district  defined.]  The  counties  of  Pembina, 
Cavalier,  Towner,  Ramsey,  Walsh,  Nelson,  Grand  Forks, 
Steele,  Traill,  Cass,  Ransom,  Sargent  and  Richland  shaU 
constitute  the  First  Congressional  district. 

§  3.  Second  district  defined.]  The  counties  of  Botti- 
neau, Rolette,  McHenry,  Pierce,  Benson,  Sheridan,  Wells, 
Eddy,  Foster,  Griggs,  Stutsman,  Barnes,  Kidder,  Burleigh, 
Emmons,  Logan,  Mcintosh,  LaMoure  and  Dickey  shall  con- 
stitute the  Second  Congressional  district. 

§  4.  Third  district  defined.]  The  counties  of  Divide, 
Burke,  Renville,  Ward,  Mountrail,  Williams,  McKenzie, 
McLean,  Dunn,  Mercer,  Oliver,  Billings,  Stark,  Morton, 
Hettinger,  Bowman  and  Adams  shall  constitute  the  Thircf 
Congressional  district. 


20 


ELECTION  LAWS 


JUDICIAL  DISTRICTS. 


Jud. 
Dist. 

County 

Terms  of  the  District  Court 

10 

Adams  

1st  Tues.  April,  3rd  Tues.  Oct. 

5 

Barnes 

1st  Mon.  Jan.,  1st  Mon.  June. 

2 

Benson  

1st  Mon.  June,  2nd  Mon.  Dec. 

10 

Billings  

1st  Tues.  Jan.,  1st  Tues.  June. 

9 

Bottineau    

2d  M.  Feb.,  3d  M.  Sept.  Nov.  4th  M.  Apr.  June. 

10 

Bowman    

3rd  Tues.  June,  2nd  Tues.  Nov. 

8 

Burke   

1th  Mon.  Oct.,  1st  Mon.  July,  2nd  Mon.  Jan. 

6 

Burleigh    

Bd  Tu.  Feb.,  2d  Tus.  May  Dec,  1st  Tu.  Sept. 

3 

Cass   

-\pril  23,  Sept.  3,  Nov.  5,  1913,  Jan.  7,  1914. 

7 

Cavalier  

1st  Tues.  Dec.  and  March  2nd  Tues.  June,  Sept. 

4 

Dickey 

1st  Tues.  March  and  Oct. 

8 

Divide   

1th  Mon.  Sept.  2nd  Mon.  June,  3rd  Mon.  Jan. 

10 

Dunn   

^s  Court  shall  direct. 

2 

Eddy 

3rd  Mon.  May,  2nd  Mon,  Oct. 

6 

Emmons   

1st  Tues.  Feb.  and  Oct. 

5 

Foster 

1st  Mon.  May,  2nd  Mon.  Oct. 

10 

Golden  Valley.... 

3rd  Tues.  Jan.,  2nd  Tues.  July. 

1 

Grand  Forks 

1st  Tues.  each  month  except  Aug.  and  Sept. 

5 

Griggs   

2nd  Mon.  May,  2nd  Mon.  Nov. 

10 

Hettinger   

2nd  Tues.  Feb.  1st  Tues.  Oct. 

6 

Kidder 

2nd  Tues.  Jan.,  3rd  Tues.  June. 

5 

LaMoure  

1st  Mon.  Feb.,  4th  Mon.  Sept. 

6 

Logan    

1st  Tues.  April,  4th  Tues.  Nov. 

12 

Mercer 

2nd  Mon.  March,  3rd  Mon.  Nov. 

12 

Morton   

1  Mon.  Mar,,  3  Mon.  June,  Sept.  1st  Mon,  Dec. 

11 

Mountrail   

3rd  Mon.  July,  Nov.  and  Jan. 

9 

McHenry    

2  M.  Mar,,  xvlay,  3  M.  July,  Dec,  1  M,  Oct. 

4 

Mcintosh   

1st  Tues.  April  and  Nov. 

11 

McKenzie 

2nd  Mon,  June,  3rd  Mon.  Oct. 

6 

McLean  

2nd  Wed.  June  and  Nov. 

1 

Nelson 

1st  Mon,  after  July  4,  1st  Mon.  after  Jan,  1st. 

12 

Oliver  

1st  Mon,  June,  3rd  Mon,  Oct. 

7 

Pembina  

1st  Tues.  Jan.,  April,  June  and  Oct. 

9 

Pierce  

3  M„  Jan,,  1  M,  Apr.,  June,  Sept,  3  M.  Oct. 

2 

Ramsey  

1st  Mon,  March,  2nd  Mon,  Nov. 

4 

Ransom 

1st  Tues,  May  and  Dec. 

8 

Renville  

2nd  Mon.  Oct,,  4th  Mon.  June  and  Jan. 

4 

Richland  

1st  Tues.  Jan.  and  June. 

2 

Rolette   

3rd  Mon.  June,  1st  Mon.  Jan. 

4 

Sargent  

1st  Tues,  Feb,  and  Sept, 

10 

Stark  

3  Tu,  May,  1  Tu,  Sept,,  1  Tu,  Dec,  1  Tu,  Mar. 

6 

Sheridan 

2nd  Tues.  March,  3rd  Tues.  Oct. 

3 

Steele   

3rd  Tues,  June  and  Oct. 

5 

Stutsman 

3rd  Mon,  june,  2nd  Mon,  Dec. 

3 

Traill 

2nd  Tues.  Feb,,  1st  Tues.  June. 

2 

Towner   

3rd  Mon,  March,  4th  Mon,  Nov. 

7 

Walsh 

I  Tues.-  Jan,  and  June,  3  Tues,  Nov,,  March. 

8 

Ward   

2nd  Mon,  Nov,,  3rd  Mon,  July,  1st  Mon,  Feb. 

5 

Wells   

3rd  Mon,  July,  3rd  Mon,  Jan. 

11 

Williams 

ith  Mon,  June,  1st  Mon,  Oct,,  2nd  Mon,  Dec 

STATE  OF  NORTH  DAKOTA  21 


CONSTITUTION  OF  THE  UNITED  STATES  OF 
AMERICA. 


[Note — The  constitution  was  adopted  September  17,  1787,  by  the  unani- 
mous consent  of  the  states  present  in  the  convention  appointed  in  pursu- 
ance of  the  resolution  of  the  congress  of  the  confederation,  of  February  21, 
1787,  and  was  ratified  by  the  conventions  of  the  several  states,  as  follows, 
viz.:  By  convention  of  Delaware,  Dcemeber  7,  1787;  Pennsylvania,  Decem- 
ber 12,  1787;  New  Jersey,  December  18,  1787;  Georgia,  January.  2,  1788; 
Connecticut,  January  3,  1788;  Massachusetts,  February  6,  1788;  Maryland, 
April  28,  1788;  South  Carolina,  May  23,  1788;  New  Hampshire,  June  21, 
1788;  Virginia,  June  26,  1788;  New  York,  July  26,  1788;  North  Carolina, 
November  21,  1789;  Rhode  Island,  May  20,  1790. 

The  first  ten  of  the  amendments  were  proposed  at  the  first  session  of 
the  first  congress  of  the  United  States,  September  25,  1789,  and  were 
finally  ratified  by  the  constitutional  number  of  states,  December  15,  1791. 

The  eleventh  amendment  was  proposed  at  the  first  session  of  the  third 
congress,  March  5,  1794,  and  was  declared  in  a  message  from  the  president 
of  the  United  States  to  both  houses  of  congress,  dated  January  8,  1798,  to 
have  been  adopted  by  the  constitutional  number  of  states. 

The  twelfth  amendment  was  proposed  at  the  first  session  of  the  eighth 
congress,  December  12,  1803,  and  was  adopted  by  the  constitutional  num- 
ber of  states  in  1804,  according  to  public  notice  thereof  by  the  secretary 
of  state,  dated  September  25,  1804. 

The  thirteenth  amendment  was  proposed  at  the  second  session  of  the 
thirty-eighth  congress,  February  1,  1865,  and  was  adopted  by  the  constitu- 
tional number  of  states  in  1865,  according  to  a  public  notice  thereof  by  the 
secretary  of  state,  dated  December  18,  1865. 

The  fourteenth  amendment  took  effect  July  28,  1868. 

The  fifteenth  amendment  took  effect  March  30,  1870. 

The  sixtenth  and  seventeenth  amendments  took  effect  in  1913.] 

We,  the  people  of  the  United  States  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquil- 
ity, provide  for  the  common  defense,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitu- 
tion for  the  United  States  of  America. 

ARTICLE  L— The  Congress. 

§  1.  All  legislative  powers  herein  granted,  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  senate  and  house  of  representatives. 

§  2.  The  house  of  representatives  shall  be  composed 
of  members  chosen  every  sec6nd  year  by  the  people  of  the 
several  states,  and  the  electors  in  each  state  shall  have  the 
qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 


22  ELECTION  LAWS 


years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  state  in  which  he 
shall  be  chosen. 

Representatives  *  (and  direct  taxes  shall  be  apportioned 
among  the  several  states  which  may  be  included  within  this 
Union,  according  to  their  respective  members,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons.)  The  actual  enumeration  shall  be  made  within 
three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  state  shall  have  at  least  one  rep- 
resentative; and  until  such  enumeration  shall  be  made,  the 
State  of  New  Hampshire  shall  be  entitled  to  choose  three, 
Massachusetts  eight,  Rhode  Island  and  Providence  Planta- 
tions one,  Connecticut  five.  New  York  six.  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia 
ten.  North  Carolina  five,  South  Carolina  five,  and  Georgia 
three. 

When  vacancies  happen  in  the  representation  from  an^^ 
state,  the  executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vancancies. 

The  house  of  representatives  shall  choose  their  speaker 
and  other  ofiicers;  and  shall  have  the  sole  power  of  im- 
peachment. 

§  3.  The  senate  of  the  United  States  shall  be  com- 
posed of  two  senators  from  each  state,  chosen  by  the  legis- 
lature thereof,  for  six  years;  and  each  senator  shall  have 
one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may 
be  into  three  classes.  The  seats  of  the  senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year; 
of  the  second  classat  the  expiration  of  the  fourth  year;  and 
of  the  third  class  at  the  expiration  of  the  sixth  year,  so  that 
one- third  may  be  chosen  every  second  year;  and  if  vacan- 
cies happen  by  resignation,  or  otherwise  during  the  recess 
of  the  legislature  of  any  state,  the  executive  thereof  may 
make  temporary  appointments  until  the  next  meeting  of 
the  legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of 

*  The  clause  included  in  brackets  is  amended  by  the  fourteenth  amend- 
ment. 


STATE  OF  NORTH  DAKOTA 23 

the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  state  for  which  he  shall  be  chosen. 

The  vice  president  of  the  United  States  shall  be  president 
of  the  senate,  but  shall  have  no  vote,  unless  they  be  equally 
divided. 

The  senate  shall  choose  their  other  officers,  and  also  a 
president  pro  tempore,  in  the  absence  of  the  vice  president, 
or  when  he  shall  exercise  the  office  of  the  president  of  the 
United  States.  ^ 

The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose  they  shal  be  on  oath 
or  affirmation.  When  the  president  of  the  United  States  is 
tried  the  chief  justice  shall  preside;  and  no  person  shall  b(i 
convicted  without  the  concurrence  of  two-thirds  of  the 
members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  fur- 
ther than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  the 
United  States;  but  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment  and  pun- 
ishment according  to  law. 

§  4.  The  times,  places  and  manner  of  holding  elec- 
tions for  senators  and  representatives,  shall  be  prescribed 
in  each  state  by  the  legislature  thereof;  but  the  Congress 
may  at  any  time  by  law  make  or  alter  such  regulations,  ex- 
cept as  to  places  of  choosing  senators. 

The  congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  law  appoint  a  different  day. 

§  5.  Each  house  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum  to  do  business;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner,  and  under  such  penalties  as  each  house 
may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior  and,  with  the 
concurrence  of  two-thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as 
may  in  their  judgment  require  secrecy;  and  the  yeas  and 
nays  of  the  members  of  either  house  on  any  question  shall, 
at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal. 

Neither  house  during  the  session  of  congress,  shall  with- 


24  ELECTION  LAWS 


out  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  two 
houses  shall  be  sitting. 

§  6.  The  senators  and  representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law, 
and  paid  out  of  the  treasury  of  the  United  States.  They 
shall  in  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  houses,  and  in  going  to  and 
returning  from  the  same;  and  for  any  speech  or  debate  in 
either  house  they  shall  not  be  questioned  in  any  other  place. 

No  senator  or  representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  authority  of  the  United  States,  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been  in- 
creased during  such  time;  and  no  person  holding  any  office 
under  the  United  States,  shall  be  a  member  of  either  house 
during  his  continuance  in  office. 

§  7.  All  bills  for  raising  revenue  shall  originate  \a 
the  house  of  representatives;  but  the  senate  may  propos'i 
or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  house  of  represen- 
tatives and  the  senate,  shall,  before  it  becomes  a  law,  be 
presented  to  the  president  of  the  United  States;  if  he  ap- 
prove, he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his 
objections,  to  that  house  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If  after  such  reconsideration  two- 
thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  that  house,  it  shall  become  a  law  .  But  in  all 
such  cases  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the 
president  within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not 
be  a  law. 

Every  order,  resolution  or  vote  to  which  the  concurrence 
of  the  senate  and  the  house  of  representatives ,  may  be 
necessary  (except  on  a  question  of  adjournment),  shall  be 
presented  to  the  president  of  the  United  States,  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or  be- 
ing disapproved  by  him,  shall  be  repassed  by  two- thirds  ol 
the  senate  and  house  of  representatives,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 


STATE  OF  NORTH  DAKOTA 25 

§  8.     The  congress  shall  have  the  power: 

To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to 
pay  the  debts  and  provide  for  the  common  defense,  and 
general  welfare  of  the  United  States;  but  all  duties,  imposts 
and  excises  shall  be  uniform  throughout  the  United  States. 

To  borrow  monej^  on  the  credit  of  the  United  States. 

To  regulate  commerce  with  foreign  nations,  and  among 
the  several  states,  and  with  the  Indian  tribes. 

To  establish  an  uniform  rule  for  naturalization  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the 
United  States. 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standards  of  weights  and  measures. 

To  provide  for  the  punishment  of  counterfeiting  the  se- 
curities and  current  coin  of  the  United  States. 

To  establish  post  offices  and  post  roads. 

To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the  ex- 
clusive right  to  their  respective  writings  and  discoveries. 

To  constitute  tribunals  inferior  to  the  supreme  court. 

To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas  and  offenses  against  the  law  of  nations. 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water. 

To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years. 

To  provide  and  maintain  a  navy. 

To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces. 

To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  union,  suppress  insurrections  and  repel  inva- 
sions. 

To  provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  em- 
ployed in  the  service  of  the  United  States,  reserving  to  the 
states,  respectively,  the  appointment  of  the  officers  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  congress. 

To  exercise  exclusive  legislation,  in  all  cases  whatsoever, 
over  such  district,  (not  exceeding  ten  miles  square),  as  may 
by  cession  of  particular  states,  and  the  acceptance  of  con- 
gress, become  the  seat  of  the  government  of  the  United  States, 
and  to  exercise  like  authority  over  all  places  purchased  by 
the  consent  of  the  legislature  of  the  state  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dock- 
yards, and  other  needful  buildings;  and 

To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers  and  all 


26  ELECTION  LAWS 


other  powers  vested  by  this  constitution  in  the  government 
of  the  United  States,  or  in  any  department  or  officer  there- 
of. 

§  9.  The  migration  or  importation  of  such  person:> 
as  any  of  the  states  now  existing  shall  think  proper  to  ad- 
mit, shall  not  be  prohibted  by  the  congress  prior  to  the  year 
one  thousand  eight  hundred  and  eight,  but  a  tax  or  duty 
may  be  imposed  on  such  importation,  not  exceeding  ten 
dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation  or  other  direct  tax  shall  be  laid  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  di- 
rected to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  state. 

No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  state  over  those  of  an- 
other; nor  shall  vessels  bound  to,  or  from,  one  state,  be 
obliged  to  enter,  clear  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law;  and  a  regular  state- 
ment and  account  of  the  receipts  and  expenditures  of  all 
public  money  shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States; 
and  no  person  holding  any  office  of  profit  or  trust  unde^- 
them,  shall,  without  the  consent  of  the  congress,  accept  of 
any  present,  emolurnent,  office,  or  title,  of  any  kind  what- 
ever, from  any  king*  prince  or  foreign  state. 

§  10.  No  state  shall  enter  into  any  treaty,  alliance,  or 
confederation;  grant  letters  of  marque  and  reprisal;  coin 
money;  emit  bills  of  credit;  make  any  thing  but  gold  and 
silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  or  grant  any  title  of  nobility. 

No  state  shall  without  the  consent  of  the  congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may 
be  absolutely  necessary  for  executing  its  inspection  laws, 
and  the  net  produce  of  all  duties  and  imposts  laid  by  any 
state  on  imports  or  exports,  shall  be  for  the  use  of  the  treas: 
ury  of  the  United  States;  and  all  such  laws  shall  be  subject 
to  the  revision  and  control  of  the  congress. 

No  state  shall,  without  the  consent  of  congress,  lay  any 
duty  on  tonnage,  keep  troops,  or  ships  of  war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  another 


STATE  OF  NORTH  DAKOTA 27 

state,  or  with  a  foreign  power,  or  engage  in  war,  unless  ac- 
tually invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

ARTICLE  XL— The  Executive. 

§  1.  The  executive  power  shall  be  vested  in  a  presi- 
dent of  the  United  States  of  America.  He  shall  hold 
his  office  during  the  term  of  four  years,  and,  together  with 
the  vice  president,  chosen  for  the  same  term,  be  elected,  as 
follows : 

Each  state  shall  appoint,  in  such  manner  as  the  legisla- 
ture thereof  may  direct,  a  number  of  electors,  equal  to  the 
whole  number  of  senators  and  representaives  to  which  the 
state  may  be  entitled  in  the  congress,  but  no  senator  or  rep- 
resentative, or  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  elector. 

The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

No  person  except  a  natural  born  citzen  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  constitution 
shall  be  eligible  to  the  office  of  president  neither  shall  any 
person  be  eligible  to  that  office  who  shall  not  have  attained 
to  the  age  of  thirty-five  years,  and  been  fourteen  years  a 
resident  within  the  United  tSates. 

In  case  of  the  removal  of  the  president  from  office,  or  of 
his  death,  resignation,  or  inabilty  to  discharge  the  powers 
and  duties  of  said  office,  the  same  shall  devolve  on  the  vice 
president;  and  the  congress  may,  by  law,  provide  for  the 
case  of  removal,  death,  resignation  or  inability,  both  of  the 
president  and  vice  president,  declaring  what  officer  shall 
then  act  as  president  and  such  officer  shall  act  accordingly 
until  the  disabilty  be  removed,  or  a  president  shall  be  elect- 
ed. 

The  president  shall,  at  stated  times,  receive  for  his  ser- 
vices a  compensation,  which  shall  neither  be  increased  nor 
diminished  during  the  period  for  which  he  shall  have  been 
elected  and  he  shall  not  receive  within  that  period  any  other 
emolument  from  the  United  States,  or  any  of  them. 

Before  he  enters  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  president  of  the  United  States,  and  will 
to  the  best  of  my  ability,  preserve,  protect,  and  defend  the 
constituion  of  the  United  States." 

§  2.  The  president  shall  be  commander-in-chief  of 
the  army  and  navy  of  the  United  States,  and  of  the  militia 


28  ELECTION  LAWS 


of  the  several  states,  when  called  into  the  actual  service  of 
the  United  States;  he  may  require  the  opinion,  in  writing, 
of  the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices,  and  he  shall  have  power  to  grant  reprieves  and  par- 
dons for  offenses  against  the  United  States,  except  in  cases 
of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  senate,  to  make  treaties,  provided  two-thirds  of  the 
senators  present  concur;  and  he  shall  nominate,  and  by  and 
with  the  advice  and  consent  of  the  senate,  shall  appoint  am- 
bassadors, other  public  ministers  and  consuls,  judges  of  the 
supreme  court,  and  all  other  officers  of  the  .United  States, 
whose  appointments  are  not  herein  otherwise  provided  for, 
and  which  shall  be  established  by  law;  but  the  congress 
may  by  law  vest  the  appointment  of  such  inferior  officers, 
as  they  think  proper,  in  the  president  alone,  in  the  courts 
of  law,  or  in  the  heads  of  departments. 

The  president  shall  have  power  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  senate,  by 
granting  commissions  which  shall  expire  at  the  end  of  theii' 
next  session. 

§  3.  He  shall  from  time  to  time  give  to  the  congress 
information  of  the  state  of  the  union,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them;  and  in  case  of  dis- 
agreement between  them,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall 
think  proper;  he  shall  receive  ambassadors  and  other  pub- 
lic ministers;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  United 
States. 

§  4.  The  president,  vice  president  and  all  civil  offi- 
cers of  the  United  States,  shall  be  removed  from  office  on 
impeachment  for,  and  cionviction  of,  treason,  bribery  or 
other  high  crimes  and  misdemeanors. 

ARTICLE  III.— The  Judiciary. 

§  1.  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  supreme  court,  and  in  such  inferior  court.; 
as  the  congress  may  from  time  to  time  ordain  and  estab- 
lish. The  judges,  both  of  the  supreme  and  inferior  courts, 
shall  hold  their  offices  during  good  behavior,  and  shall,  at 
stated  times,  receive  for  their  services,  a  compensation, 
which  shall  not  be  diminished  during  their  continuance  in 
office. 


STATE  OF  NORTH  DAKOTA 29 

§  2.  The  judicial  power  shall  extend  to  all  cases,  in 
law  and  equity,  arising  under  this  constitution,  the  laws 
of  the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority;  to  all  cases  affecting  ambassa- 
dors, other  public  ministers,  and  consuls;  to  all  cases  of  ad- 
miralty and  maritime  jurisdiction;  to  controversies  to 
which  the  United  States  shall  be  a  party;  to  controversies 
between  two  or  more  states;  between  a  state  and  citizens  of 
another  state;  between  citizens  of  different  states;  between 
citizens  of  the  same  state  claiming  lands  under  grants  of 
different  states,  and  between  a  state,  or  the  citizens  thereof, 
and  foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls,  and  those  in  which  a  state  shall  be  a  party,  the 
supreme  court  shall  have. original  jurisdiction.  In  all  other 
cases  before  mentioned  the  supreme  court  shall  have  appel- 
late jurisdiction,  both  as  to  law  and  fact,  with  such  excep- 
tions, and  under  such  regulations  as  the  congress  shall 
make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury;  and  such  trial  shall  be  held  in  the  state 
where  the  said  crime  shall  have  been  committed;  but  whea 
not  committed  within  any  state,  the  trial  shall  be  at  such 
place  or  places  as  the  congress  may  by  law  have  directed. 

§  3.  Treason  against  the  United  States  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession  in  open  court. 

The  congress  shall  have  power  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corrup- 
tion of  blood,  or  forfeiture  except  during  the  life  of  the 
person  attained. 

ARTICLE  IV. — The  States  and  Territories. 

§  1.  Full  faith  and  credit  shall  be  given  in  each  state, 
to  the  public  acts,  records  and  judicial  proceedings 
of  every  other  state.  And  the  congress  may  by  general  laws 
prescribe  the  manner  in  which  such  acts,  records  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof. 

§  2.  The  citizens  of  each  state  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony  or 
other  crime,  who  shall  flee  from  justice  and  be  found  in 
another  state,  shall,  on  demand  of  the  executive  authority 
of  the  state  from  which  he  lied,  be  delivered  up,  to  be  re- 
moved to  the  state  having  jurisdiction  of  the  crime. 


30  ELECTION  LAWS 


No  person  held  to  service  or  labor  in  one  state  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence 
of  any  law  or  regulation  therein,  be  discharged  from  such 
service  or  labor,  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due. 

§  3.  New  states  may  be  admitted  by  the  congress  into 
this  union;  but  no  new  state  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  state;  nor  any  state  to 
be  formed  by  the  junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the  legislature  of  the  states 
concerned  as  well  as  of  the  congress. 

The  congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or 
other  property  belonging  to  the  United  States;  and  nothing 
in  this  constitution  shall  be  so  construed  to  prejudice  any 
claims  of  the  United  States,  or  of  any  particular  state. 

§  4.  The  United  States  shall  guarantee  to  every  state 
in  this  union  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion;  and  on  application 
of  the  legislature,  or  of  the  executive,  (when  the  legislature 
cannot  be  convened)  against  domestic  violence. 

ARTICLE  v.— Amendments. 

The  congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  con- 
stitution, or,  on  the  application  of  the  legislatures  of  two- 
thirds  of  the  several  states,  shall  call  a  convention  for  pro- 
posing amendments,  which  in  either  case,  shall  be  valid,  to 
all  intents  and  purposes,  as  part  of  this  constitution,  when 
ratified  by  the  legislature  of  three-fourths  of  the  several 
states,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by 
the  congress;  provided,  that  no  amendment  which  may  be 
made  prior  to  the  year  one  thousand  eight  hundred  and 
eight  shall  in  any  manner  affect  the  first  and  fourth  claus'^s 
in  the  ninth  section  of  the  first  article;  and  that  no  state, 
without  its  consent  ,shall  be  deprived  of  its  equal  suffrage 
in  the  senate. 

ARTICLE  VI. — ^Miscellaneous  Business. 

All  debts  contracted  and  engagements  entered  into  be- 
fore the  adoption  of  this  constitution,  shall  be  as  valid 
against  the  United  States  under  this  constitution,  as  under 
the  confederation. 

This  constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made, 


STATE  OF  NORTH  DAKOTA 31 

or  which  shall  be  made,  under  the  authority  of  the  United 
States,  shall  be  the  supreme  law  of  the  land;  and  the  judges 
in  every  state  shall  be  bound  thereby,  anything  in  the  con- 
stitution or  laws  of  any  state  to  the  contrary  notwithstand- 
ing. 

The  senators  and  representatives  before  mentioned,  and 
the  members  of  the  several  state  legislatures,  and  all  execu- 
tive and  judicial  officers,  both  of  the  United  States  and  of 
the  several  states,  shall  be  bound  by  oath  or  affirmation,  to 
support  this  constitution;  but  no  religious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust  un- 
der the  United  States. 

ARTICLE  VII.— Ratification. 

The  ratification  of  the  conventions  of  nine  states  shall  be 
sufficient  for  the  establishment  of  this  constitution  between 
the  states  so  ratifying  the  same. 

Done  in  convention  by  the  unanimous  consent  of  the  states 
present,  the  seventeenth  day  of  September,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  eighty-seven, 
and  of  the  independence  of  the  United  States  of  America, 
the  twelfth. 

AMENDMENTS  TO  THE  CONSTITUTION. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  government  for  a  redress  of  grievances. 

ARTICLE  II. 

A  well  regulated  militia,  being  necessary  to  the  security 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of  war 
but  in  a  manner  prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 


32  ELECTION  LAWS 


and  seizures,  shall  not  be  violated,  and  no  warrants  shall 
issue,  but  upon  probable  cause  supported  by  oath  or  atTirm- 
ation,  and  particularly  describing  the  place  to  be  searched 
and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  on  a  presentment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces  or 
in  the  militia,  when  in  actual  service  in  time  of  war  or  pub- 
lic danger,  nor  shall  any  person  be  subject  for  the  same 
offense  to  be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall 
be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty  or  property,  with- 
out due  process  of  law;  nor  shall  private  property  be  taken 
for  public  use  without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
wise  infamous  crime,  unless  on  a  presentment  or  indictment 
of  a  grand  jury,  except  in  cases  arising  in  the  land  or  naval 
forces  or  in  the  militia,  when  in  actual  service  in  time  of  war 
or  public  danger,  nor  shall  any  person  be  subject  for  the 
same  offense  to  be  twice  put  in  jeopardy  of  life  or  limb;  nor 
shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty  or  property, 
without  due  process  of  law;  nor  shall  private  property  be 
taken  for  public  use  without  just  compensation. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved;  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  constitution  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 


STATE  OF  NORTH  DAKOTA 33 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  con- 
stitution nor  prohibited  by  it  to  the  states,  are  reserved  to 
he  states  respectively,  or  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  Unted  States  by  citizens  of 
another  state,  or  by  citizens  or  subjects  of  any  foreign  state. 

ARTICLE  XII. 

The  electors  shall  meet  in  their  respective  states,  and  vote 
by  ballot  for  president  and  vice  president,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  state  with  them- 
selves; they  shall  name  in  their  ballots  the  person  voted  for 
as  president;  and  in  distinct  ballots  the  person  voted  for  as 
vice  president;  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  president,  and  of  all  persons  voted  for  as 
vice  president,  and  of  the  number  of  votes  for  each;  which 
lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the 
president  of  the  senate.  The  president  of  the  senate  shall 
in  the  presence  of  the  senate  and  house  of  representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  count- 
ed. The  person  having  the  greatest  number  of  votes  for 
president  shall  be  the  president,  if  such  number  be  a  major- 
ity of  the  whole  number  of  electors  appointed;  and  if  no  per- 
son have  such  majority,  then  from  the  persons  having  the 
highest  numbers,  not  exceeding  three  pn  the  list  of  those 
voted  for  as  president,  the  house  of  representatives  shall 
choose  immediately,  by  ballot,  the  president.  But  in  choos- 
ing the  president,  the  votes  shall  be  taken  by  states,  the 
representation  from  each  state  having  one  vote;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall 
be  necessary  to  a  choice.  And  if  the  house  of  representa- 
tives shall  not  choose  a  president  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  vice  president  shall  act  as 
president,  as  in  the  case  of  the  death  or  other  constitutional 
disability  of  the  president.  The  person  having  the  greatest 
number  of  votes  as  vice  president  shall  be  the  vice  presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed;  and  if  no  person  have  a  majority,  then 
from  the  two  highest  numbers  on  the  list,  the  senate  shall 
choose  the  vice  president.    A  quorum  for  the  purpose  shall 


34  ELECTION  LAWS 


consist  of  two-thirds  of  the  whole  number  of  senators,  and 
a  majority  of  the  whole  number  shall  be  necessary  to  a 
choice.  But  no  person  constitutionally  ineligible  to  the  of- 
fice of  president  shall  be  eligible  to  that  of  vice  president  of 
the  United  States. 

ARTICLE  XIII. 

§  1.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

§  2.  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

ARTICLE  XIV. 

§  1.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States,  and  of  the  state  wherein  they  reside. 
No  state  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States; 
nor  shall  any  state  deprive  any  person  of  life,  liberty,  or 
property,  without  due  process  of  law,  or  deny  to  any  per- 
son within  its  jurisdiction  the  equal  protection  of  the  laws. 

§  2.  Representatives  shall  be  apportioned  among  the 
several  states  according  to  their  respective  numbers,  count- 
ing the  whole  number  of  persons  in  each  state,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any  elec- 
tion for  the  choice  of  electors  for  president  and  vice  presi- 
dent of  the  United  States,  representatives  in  congress,  the 
executive  and  judicial  officers  of  a  state,  or  the  members  of 
the  legislature  thereof,  is  denied  to  any  of  the  male  inhabi- 
tants of  such  state,  being  twenty-one  years  of  age,  and  citi- 
zens of  the  United  States,  or  in  any  way  abridged,  except 
for  participation  in  rebellion,  or  other  crime,  the  basis  of 
representation  therein  shall  be  reduced  in  the  proportion 
which  the  number  of  such  male  citizens  shall  bear  to  the 
whole  number  of  male  citizens  twenty-one  years  of  age  in 
such  state. 

§  3.  No  person  shall  be  a  senator  or  representative  in 
congress  or  elector  of  president  and  vice  president,  or  hold 
any  office  civil  or  military,  under  the  United  States,  or  un- 
der any  state,  who,  having  previously  taken  an  oath,  as  a 
member  of  congress  or  as  an  officer  of  the  United  States, 
cr  as  a  member  of  any  state  legislature,  or  as  an  executive 
or  judicial  officer  of  any  state,  to  support  the  constituion  of 
the  United  States,  shall  have  engaged  in  insurrection,  or  re- 


STATE  OF  NORTH  DAKOTA 35 

bellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.  But  congress  may  by  vote  of  two-thirds 
of  each  house,  remove  such  disability. 

§  4.  The  validity  of  the  public  debt  in  the  United 
States,  authorized  by  law,  including  debts  incurred  for  pay- 
ment of  pensions  and  bounties  for  services,  in  suppressing 
insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  state  shall  assume  or  pay 
any  debt  or  obligation  incurred  in  aid  of  insurrection  or  re- 
bellion against  the  United  States,  or  any  claim  for  the  loss 
or  emancipation  of  any  slave;  but  all  such  debts,  obligations 
and  claims  shall  be  held  illegal  and  void. 

§  5.  The  congress  shall  have  power  to  enforce  by  ap- 
propriate legislation,  the  provisions  of  this  article. 

ARTICLE  XV, 

§  1.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  state,  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

§  2.  The  congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 

ARTICLE  XVI. 

"The  Congress  shall  have  power  to  lay  and  collect  taxes 
on  incomes,  from  whatever  source  derived,  without  appor- 
tionment among  the  several  States,  and  without  regard  to 
any  census  or  enumeration." 

ARTICLE  XVIL 

"The  Senate  of  the  United  States  shall  be  composed  of 
two  Senators  from  each  State,  elected  by  the  people  there- 
of, for  six  years;  and  each  Senator  shall  have  one  vote.  The 
electors  in  each  State  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  State  legis- 
latures. 

"When  vacancies  happen  in  the  representation  of  any 
State  in  the  Senate,  the  executive  authority  of  such  State 
shall  issue  writs  of  election  to  fill  such  vacancies:  Provided, 
That  the  legislature  of  any  State  may  empower  the  execu- 
tive thereof  to  make  temporay  appointments  until  the  peo- 
ple fill  the  vacancies  by  election  as  the  legislature  may  di- 
rect. 

"This  amendment  shall  not  be  so  construed  as  to  affect 
the  election  or  term  of  any  Senator  chosen  before  it  be- 
comes valid  as  part  of  the  Constitution." 


36  ELECTION  LAWS 


UNITED  STATES  STATUTES  RELATING  TO  CITIZEN- 
SHIP. 

[Revised  United  States  Statutes,  p.  351.] 

§  1992.  Native-born  persons.]  All  persons  born  in  the 
United  States  and  not  subject  to  any  foreign  power,  exclud- 
ing Indians  not  taxed,  are  declared  to  be  citizens  of  the 
United  States. 

§  1993.  Children  born  abroad.]  All  children  hereto- 
fore born  or  hereafter  born  out  of  the  limits  and  jurisdic- 
tion of  the  United  States,  whose  fathers  were  or  may  be  a[ 
the  time  of  their  birth  citizens  thereof,  are  declared  to  be 
citizens  of  the  United  States;  but  the  rights  of  citizenship 
shall  not  descend  to  children  whose  fathers  never  resided 
in  the  United  States. 

§  1994.  Married  women.]  Any  woman  who  is  now  or 
who  may  hereafter  be  married  to  a  citizen  of  the  United 
States,  and  who  might  herself  be  lawfully  naturalized,  shall 
be  deemed  a  citizen. 

§  1995.  Persons  born  in  former  territory  of  Oregon.] 
All  persons  born  in  the  district  of  country  formerly  known 
as  the  Territory  of  Oregon,  and  subject  to  the  jurisdiction 
of  the  United  States  on  the  eighteenth  day  of  May,  1872, 
are  citizens  in  the  same  manner  as  if  born  elsewhere  in 
the  United  States. 

§  1996.  Army  deserters  forfeit  right  of  citizenship.] 
All  persons  who  deserted  the  military  or  naval  service  of 
the  United  States  and  did  not  return  thereto  or  report  them- 
selves to  a  provost  marshal  within  sixty  days  after  the  is- 
suance of  the  proclamation  of  the  President,  dated  the 
eleventh  day  of  March,  1865,  are  deemed  to  have  voluntar- 
ily relinquished  and  forfeited  their  rights  of  citizenship, 
as  well  as  their  rights  to  become  citizens;  and  such  desert- 
ers shall  be  forever  incapable  of  holding  any  office  of  trust 
or  profit  under  the  United  States,  or  of  exercising  any 
rights  of  citizenship  thereof. 

§  1997.  Certain  soldiers  and  sailors  excepted.]  No  sol- 
dier or  sailor,  however,  who  faithfully  served  according  lo 
his  enlistment  until  the  nineteenth  day  of  April,  1865,  and 
who  without  proper  authority  or  leave  first  obtained,  quit 
his  command  or  refused  to  serve  after  that  date,  shall  be  a 
deserter  from  the  army  or  navy;  but  this  section  shall  be 
construed  solely  as  a  removal  of  any  disability  such  soldier 
or  sailor  may  have  incurred  under  the  preceding  section. 


STATE  OF  NORTH  DAKOTA 37 

by  the  loss  of  citizenship  and  of  the  right  to  hold  office  in 
consequence  of  his  desertion. 

§  1998.  Defining  an  army  deserter.]  Every  person 
who  hereafter  deserts  the  military  or  naval  service  of  the 
United  States,  or  who,  being  duly  enrolled,  departs  the 
jurisdiction  of  the  district  in  which  he  is  enrolled,  or  goes 
beyond  the  limits  of  the  United  States,  with  intent  to  avoid 
any  draft  into  the  military  or  naval  service  lawfully  or- 
dered, shall  be  liable  to  all  the  penalties  and  forfeitures  of 
Section  1996. 

§  1999.  Right  of  expatriation  declared.]  Whereas  the 
right  of  expatriation  is  a  natural  and  inherent  right  of  all 
people,  indispensible  to  the  enjoyment  of  the  rights  of  life, 
liberty,  and  the  pursuit  of  happiness;  and  whereas,  in  the 
recognition  of  this  principle,  this  government  has  freely 
received  emigrants  from  all  nations,  and  invested  them 
with  the  rights  of  citizenship;  and  whereas  it  is  claimed 
that  such  Amercan  citizens,  with  their  descendenats,  are 
subjects  of  foreign  states,  owing  allegiance  to  the  govern- 
ment thereof;  and  whereas  it  is  necessary  to  the  mainten- 
ance of  public  peace  that  this  claim  of  foreign  allegiance 
should  be  promptly  and  finally  disallowed:  therefore,  any 
declaration,  instruction,  opinion,  order,  or  decision  of  any 
officer  of  the  United  States  which  denies,  restricts,  impairs, 
or  questions  the  right  of  expatriation  is  declared  inconsist- 
ent with  the  fundamental  principles  of  the  republic. 

§  2000.  Naturalized  citizens  protected  in  foreign 
STATES.]  All  naturalized  citizens  of  the  United  States, 
while  in  foreign  countries,  are  entilted  to  and  shall  receive 
from  this  government  the  same  protection  of  persons  and 
property  which  is  accorded  to  native-born  citizens. 

§  2003.  Interference  by  army  or  naval  officers.]  No 
officer  of  the  army  or  navy  of  the  United  States  shall  pre- 
scribe or  fix,  or  attempt  to  prescribe  or  fix,  by  proclamation, 
order,  or  otherwise,  the  qualifications  of  voters  in  any 
state,  or  in  any  manner  interfere  with  the  freedom  of  any 
election  in  any  state,  or  with  the  exercise  of  the  free  riglit 
of  suffrage  in  any  state. 

§  2004.  Race,  color,  or  previous  condition  not  to  affect 
THE  RIGHT  TO  VOTE.]  All  citizeus  of  the  United  States,  who 
are  otherwise  qualified  by  law  to  vote  at  any  election  by 
the  people  in  any  state,  territory,  district,  county,  city,  par- 
ish, township,  school  district,  municipality,  or  other  terri- 
torial subdivision,  shall  be  entitled  and  allowed  to  vote  at 
all  such  elections  without  distinction  of  race,  color,  or  pre- 
vious condition  of  servitude,  any  constitution,  law,  custom, 
usage,  or  regulation  of  any  state  or  territory,  or  by  or  un- 
der its  authority,  to  the  contrary  notwithstanding. 


38  ELECTION  LAWS 


NATURALIZATION  LAWS. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled: 
That  the  designation  of  the  Bureau  of  Immigration  in  the 
Department  of  Commerce  and  Labor  is  hereby  changed  to 
the  "Bureau  of  Immigration  and  Naturalization,"  which 
said  Bureau  under  the  direction  and  control  of  the  Secre- 
tary of  Commerce  and  Labor,  in  addition  to  the  duties  now 
provided  by  law,  shall  have  charge  of  all  matters  concerning 
the  naturalization  of  aliens.  That  it  shall  be  the  duty  of 
said  Bureau  to  provide  for  use  at  the  various  immigration 
stations  throughout  the  United  States,  books  of  record, 
wherein  the  commissioners  of  immigration  shall  cause  a 
registry  to  be  made  in  the  case  of  each  alien  arriving  in  the 
United  States  from  and  after  the  passage  of  this  Act  of  the 
name,  age,  occupation,  personal  description  (including 
height,  complextion,  color  of  hair  and  eyes,)  the  place  of 
birth,  the  last  residence,  the  intended  place  of  residence  in 
the  United  States,  and  the  date  of  arrival  of  said  alien,  and, 
if  entered  through  a  port,  the  name  of  the  vessel  in  which 
he  comes.  And  it  shall  be  the  duty  of  said  commissioners 
of  immigration  to  cause  to  be  granted  to  such  alien  a  certi- 
ficate of  such  registry,  with  the  particulars  thereof. 

§  2.  That  the  Secretary  of  Commerce  and  Labor  shall 
provide  the  said  Bureau  with  such  additional  furnished 
offices  within  the  city  of  Washington,  such  books  of  record 
and  facilities,  and  such  additional  assistants,  clerks,  stenog- 
raphers, typewriters,  and  other  employees  as  may  be  neces- 
sary for  the  proper  discharge  of  the  duties  imposed  by  this 
act  upon  such  Bureau,  fixing  the  compensation  of  such  ad- 
ditional employees  until  July  1,  1907,  within  the  appropria- 
tions made  for  that  purpose. 

§  3.  That  exclusive  jurisdiction  to  naturalize  aliens 
as  citizens  of  the  United  States  is  hereby  conferred  upon 
the  following  specified  courts: 

United  States  circuit  and  district  courts  now  existing,  or 
which  may  hereafter  be  established  by  Congress  in  any 
state,  United  States  district  courts  for  the  territories  of 
Arizona,  New  Mexico,  Oklahoma,  Hawaii,  and  Alaska,  the 
Supreme  Court  of  the  District  of  Columbia,  and  the  United 
States  courts  for  the  Indian  Territory;  also  all  courts  of 
record  in  any  state  or  territory  now  existing,  or  which  may 
hereafter  be  created,  having  a  seal,  a  clerk,  and  jurisdiction 


STATE  OF  NORTH  DAKOTA 39 

in  actions  at  law  or  equity,  or  law  and  equity,  in  which  the 
amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein 
specified,  state,  territory,  and  federal,  shall  extend  only  to 
aliens  resident  within  the  respective  judicial  districts  of 
such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of 
the  clerks  of  such  courts,  be  furnished  from  time  to  time 
by  the  Bureau  of  Immigration  and  Naturalization  witli 
such  blank  forms  as  may  be  required  in  the  naturalization 
of  aliens,  and  all  certificates  of  naturalization  shall  be  con- 
secutively numbered  and  printed  on  safety  paper  furnish- 
ed by  said  Bureau. 

§  4.  That  an  alien  may  be  admitted  to  become  a  citi- 
zen of  the  United  States  in  the  following  manner  and  not 
otherwise : 

First:  He  shall  declare  on  oath  before  the  clerk  of  any 
court  authorized  by  this  act  to  naturalize  aliens,  or  his  au- 
thorized deputy,  in  the  district  in  which  such  alien  resides, 
two  years  at  least  prior  to  his  admission,  and  after  he  has 
reached  the  age  of  eighteen  years,  that  it  is  bona  fide  his 
intention  to  become  a  citizen  of  the  United  States,  and  to 
renounce  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state  or  sovereignty,  and  particularly,  bv 
name,  to  the  prince,  potentate,  state,  or  sovereign tjr  of 
which  the  alien  may  be  at  the  time  a  citizen  or  subject. 
And  such  declaration  shall  set  forth  the  name,  age,  occupa- 
tion, personal  description,  place  of  birth,  last  foreign  resi- 
dence and  allegiance,  the  date  of  arrival,  the  name  of  the 
vessel,  if  any,  in  which  he  came  to  the  United  States,  and 
the  present  place  of  residence  in  the  United  States  of  said 
alien;  provided,  however,  that  no  alien  who,  in  conformity 
with  the  law  in  force  at  the  date  of  his  declaration,  has  de- 
clared his  intention  to  become  a  citizen  of  the  United  States 
shall  be  required  to  renew  such  declaration;  provided  fur- 
thet,  that  any  person  belonging  to  the  class  of  persons  au- 
thorized and  qualified  under  existing  law  to  become  a  citi- 
zen of  the  United  States  who  has  resided  constantly  in  the 
United  States  during  a  period  of  five  years  not  preceding 
May  1,  1910,  who,  because  of  misinformation  in  regard  to 
his  citizenship  or  the  requirements  of  the  law^  governing 
the  naturalization  of  citizens  has  labored  and  acted  under 
the  impression  that  he  was  or  could  become  a  citizen  of  the 
United  States  and  has  in  good  faith  exercised  the  rights  or 
duties  of  a  citizen  or  intended  citizen  of  the  United  States 
because  of  such  wrongful  information  and  belief  may,  up- 
on making  a  showing  of  such  facts  satisfactory  to  a  court 


40  ELECTION  LAWS 


having  jurisdiction  to  issue  papers  of  naturalization  to  an 
alien,  and  the  court  in  its  judgment  believes  that  such  per- 
son has  been  for  a  period  of  more  than  five  years  entitled 
upon  proper  proceedings  to  be  naturalized  as  a  citizen  of 
the  United  States,  receive  from  the  said  court  a  final  certi- 
ficate of  naturalization,  and  said  court  may  issue  such  cer- 
tificate without  requiring  proof  of  former  declaration  by 
or  on  the  part  of  such  person  of  their  intention  to  become 
a  citizen  of  the  United  States,  but  such  applicant  for  natur- 
alization shall  comply  in  all  other  respects  with  the  law 
relative  to  the  issuance  of  final  papers  of  naturalization  to 
aliens. 

Second.  Not  less  than  two  years  nor  more  than  seven 
years  after  he  has  made  such  declaration  of  intention  he 
shall  make  and  file,  in  duplicate,  a  petition  in  writing, 
signed  by  the  applicant  in  his  own  handwriting  and  duly 
verified,  in  which  petition  such  applicant  shall  state  his 
full  name,  his  place  of  residence  (by  street  and  number,  if 
possible),  his  occupation,  and  if  possible,  the  date  and 
place  of  his  birth;  fiie  place  from  which  he  emigrated,  and 
the  date  and  place  of  his  arrival  in  the  United  States,  and, 
if  he  entered  through  a  port,  the  name  of  the  vessel  on 
which  he  arrived;  the  time  when  and  the  place  and  name 
of  the  court  where  he  declared  his  intention  to  become  a 
citizen  of  the  United  States;  if  he  is  married  he  shall  statf. 
the  name  of  his  wife  and,  if  possible,  the  country  of  her 
nativity  and  her  place  of  residence  at  the  time  of  filing  his 
petition;  and  if  he  has  children,  the  name,  date,  and  place 
of  birth  and  place  of  residence  of  each  child  living  at  the 
time  of  the  filing  of  his  petition;  provided,  that  if  he  has 
filed  his  declaration  before  the  passage  of  this  act  he  shall 
not  be  required  to  sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in 
or  opposed  to  organized  government,  or  a  member  of  or 
affiliated  with  any  organization  or  body  of  persons  teach- 
ing disbelief  in  or  opposed  to  organized  government,  a 
polygamist  or  believer  in  the  practice  of  polgamy,  and  that 
it  is  his  intention  to  become  a  citizen  of  the  United  States 
and  to  renounce  absolutely  and  forever  all  allegiance  and 
fidelity  to  any  foreign  prince,  potentate,  state,  or  sover- 
eignty, and  particularly  by  name  to  the  prince,  potentate, 
state,  or  sovereignty  of  which  he  at  the  time  of  filing  of  his 
petition  may  be  a  citizen  or  subject,  and  that  it  is  his  inten- 
tion to  reside  permanetly  within  the  United  States,  and 
whether  or  not  he  has  been  denied  admission  as  a  citizen 
of  the  United  States,  and,  if  denied,  the  ground  or  grounds 
of  such  denial,  the  court  or  courts  in  which  such  decision 
was  rendered,  and  that  the  cause  for  such  denial  has  since 


STATE  OF  NORTH  DAKOTA 41 

been  cured  or  removed,  and  every  fact  material  to  his  nat- 
uralization and  required  to  be  proved  upon  the  final  hear- 
ing of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavit  of  at 
least  two  creditable  witnesses,  who  are  citizens  of  the 
United  States,  and  who  shall  state  in  their  affidavits  that 
they  have  personally  known  the  applicant  to  be  a  resident 
of  the  United  States  for  a  period  of  at  least  five  years  con- 
tinuously, and  of  the  state,  territory,  or  district  in  which 
the  application  is  made  for  a  period  of  at  least  one  year 
immediately  preceding  the  date  of  the  filing  of  his  petition, 
and  that  they  each  have  personal  knowledge  that  the  peti- 
tioner is  a  person  of  good  moral  character,  and  that  he  is 
in  every  way  qualified,  in  their  opinion,  to  be  admitted  as 
a  citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with 
the  clerk  of  the  court  a  certificate  from  the  Department  of 
Commerce  and  Labor,  if  the  petitioner  arrives  in  the  United 
States  after  the  passage  of  this  act,  stating  the  date,  place, 
and  manner  of  his  arrival  in  the  United  States,  and  the 
declaration  of  intention  of  such  petitioner,  which  certificate 
and  declaration  shall  be  attached  to  and  made  a  part  of 
said  petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship, 
declare  on  oath  in  open  court  that  he  will  support  the  Con- 
stitution of  the  United  States,  and  that  he  absolutely  and 
entirely  renounces  and  abjures  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and 
particuarly  by  name  to  the  prince,  potentate,  state,  or  sov- 
ereignty of  which  he  was  before  a  citizen  or  subject;  that 
he  will  support  and  defend  the  Constitution  and  laws  of  the 
United  States  against  all  enemies,  foreign  and  domestic, 
and  bear  true  faith  and  allegiance  to  the  same. 

Fourth.  It  shall  he  made  to  appear  to  the  satisfaction  of 
the  court  admitting  any  alien  to  citizenship  that  immedi- 
ately preceding  the  date  of  his  application  he  has  resided 
continuously  within  the  United  States  five  years  at  least, 
and  within  the  state  or  territory  where  such  court  is  at  the 
time  held  one  year  at  least,  and  that  during  that  time  he 
has  behaved  as  a  man  of  good  moral  character  attached  to 
the  principles  of  the  Constitution  of  the  United  States,  aild 
well  disposed  to  the  good  order  and  happiness  of  the  same. 
In  addition  to  the  oath  of  the  applicant,  the  testimony  of  at 
least  two  witnesses,  citizens  of  the  United  States,  as  to  the 
facts,  of  residence,  moral  character,  and  attachment  to  the 
principles  of  the  Constitution  shall  be  required  and  the 
name,  place  of  residence,  and  occupation  of  each  witness 
shall  be  set  forth  in  the  record. 


42  ELECTION  LAWS 


Fifth.  In  case  the  alien  applying  to  be  admitted  to  citi- 
zenship has  borne  any  hereditary  title,  or  has  been  of  any 
of  the  orders  of  nobility  in  the  kingdom  or  state  from  which 
he  came,  he  shall,  in  addition  to  the  above  requisites,  make 
an  express  renunciation  of  his  title  or  order  of  nobility  in 
the  court  to  which  his  application  is  made,  and  his  renun- 
ciation shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  intention 
to  become  a  citizen  of  the  United  States  dies  before  he  is 
actually  naturalized  the  widow  and  minor  children  of  such 
alien  may,  by  complying  with  the  other  provisions  of  this 
act,  be  naturalized  without  making  any  declaration  of  in- 
tention. 

§  5.  That  the  clerk  of  the  court  shall,  immediately 
after  filing  the  petition,  give  notice  thereof  by  posting  in  a 
public  and  conspicuous  place  in  his  office,  or  in  the  build- 
ing in  which  his  office  is  situated,  under  an  appropriate 
heading,  the  name,  nativity,  and  residence  of  the  alien,  the 
date  and  place  of  his  arrival  in  the  United  States,  and  the 
date,  as  nearly  as  may  be,  for  the  final  hearing  of  his  peti- 
tion, and  the  names  of  the  witnesses  whom  the  applicant 
expects  to  summon  in  his  behalf;  and  the  clerk  shall,  if  the 
applicant  requests  it,  issue  a  subpoena  for  the  witnesses  so 
named  by  the  said  applicant  to  appear  upon  the  day  set  for 
the  final  hearing,  but  in  case  such  witnesses  can  not  be  pro- 
duced upon  the  final  hearing  other  witnesses  may  be  sum- 
moned. 

§  6.  That  petitions  for  naturalization  may  be  made, 
and  filed  during  term  time  or  vacation  of  the  court  and 
shall  be  docketed  the  same  day  as  filed,  but  final  action 
thereon  shall  be  had  only  on  stated  days,  to  be  fixed  by  rule 
of  the  court,  and  in  no  case  shall  final  action  be  had  upon 
a  petition  until  at  least  ninety  days  have  elapsed  after  filing 
and  posting  the  notice  of  such  petition;  provided  that  no 
person  shall  be  naturalized  nor  shall  any  certificate  of  nat- 
uralization be  issued  by  any  court  within  thirty  days  pre- 
ceding the  holding  of  any  general  election  within  its  terri- 
torial jurisdiction.  It  shall  be  lawful,  at  the  time  and  as  a 
part  of  the  naturalization  of  any  alien,  for  the  court,  in  its 
discretion,  upon  the  petition  of  such  alien,  to  make  a  de- 
cree changing  the  name  of  said  ailen,  and  his  certificate  of 
naturalization  shall  be  issued  to  him  in  accordance  there- 
with. 

§  7.  That  no  person  who  disbelieves  in  or  who  is  op- 
posed to  organized  government,  or  who  is  a  member  of  or 
affiliated  with  any  organization  entertaining  and  teaching 


STATE  OF  NORTH  DAKOTA 43 

such  disbelief  in  or  opposition  to  organized  government, 
or  wlio  advocates  or  teaches  the  duty,  necessity,  or  pro- 
priety of  the  unlawful  assaulting  or  killing  of  any  ofiicer 
or  officers,  either  of  specific  individuals  or  of  officers  gen- 
erally, of  the  Government  of  the  United  States,  or  of  any 
other  organized  government,  because  of  his  or  their  official 
character,  or  who  is  a  polygamist,  shall  naturalized  or  be 
made  a  citizen  of  the  United  States. 

§  8.  That  no  alien  shall  hereafter  be  naturalized  or 
admitted  as  a  citizen  of  the  United  States  who  can  not  speai; 
the  English  language;  provided,  that  this  requirement  shall 
not  apply  to  aliens  who  are  physically  unable  to  comply 
therewith,  if  they  are  otherwise  qualified  to  become  citizens 
of  the  United  States;  and  provided  further,  that  the  require- 
ments of  this  section  shall  not  apply  to  any  alien  who  has 
prior  to  the  passage  of  this  act  declared  his  intention  to  be- 
come a  citizen  of  the  United  States  in  conformity  with  the 
law  in  force  at  the  date  of  making  such  declaration;  pro- 
vided further,  that  the  requirements  of  Section  8  shall  not 
apply  to  aliens  who  shall  hereafter  declare  their  intention 
to  become  citizens  and  who  shall  make  homestead  entries 
upon  the  public  lands  of  the  United  States  and  comply  ii; 
all  respects  with  the  laws  providing  for  homestead  entries 
on  such  lands. 

§  9.  That  every  final  hearing  upon  such  petition  shall 
be  had  in  open  court  before  a  judge  or  judges  there- 
of, and  every  final  order  which  may  be  made  upon  such 
petition  shall  be  under  the  hand  of  the  court  and  entered 
in  full  upon  a  record  kept  for  that  purpose,  and  upon  such 
final  hearing  of  such  petition  the  applicant  and  witnesses 
shall  be  examined  under  oath  before  the  court  and  in  the 
presence  of  the  court. 

§  10.  That  in  case  the  petitioner  has  not  resided  in  the 
state,  territory,  or  district  for  a  period  of  five  years  con- 
tinuously and  immediately  preceding  the  filing  of  his  peti- 
tion he  may  establish  by  two  witnesses,  both  in  his  petition 
and  at  the  hearing,  the  time  of  his  residence  within 
the  state,  provided  that  it  has  been  for  more  than  one  year, 
and  the  remaining  portion  of  his  five  years  'residence  with- 
in  the  United  States  required  by  law  to  be  established  may 
be  proved  by  the  depositions  of  two  or  more  witnesses  who 
are  citizens  of  the  United  States,  upon  notice  to  the  Bureau 
of  Immigration  and  Naturalization  and  the  United  States 
attorney  for  the  district  in  which  said  witnesses  may  re- 
side. 

§  11.  That  the  United  States  shall  have  the  right  to 
appear  before  any  court  or  courts  exercising  jurisdiction 


44  ELECTION  LAWS 


in  naturalization  proceedings  for  the  purpose  of  cross-ex- 
amining the  petitioner  and  tlie  witnesses  produced  in  sup- 
port of  liis  petition  concerning  any  matter  touching  or  in 
any  way  affecting  liis  right  to  admission  to  citizenship,  and 
shall  have  the  riglit  to  call  witnesses,  produce  evidence,  and 
he  heard  in  opposition  to  the  granting  of  any  petition  iu 
naturalization  proceedings. 

§  12.  That  it  is  hereby  made  the  duty  of  the  clerk  of 
each  and  every  court  exercising  jurisdiction  in  naturaliza- 
tion matters  under  the  provisions  of  this  act  to  keep  and 
file  a  duplicate  of  each  declaration  of  intention  made  be- 
fore him  and  to  send  to  the  Bureau  of  Immigration  and 
Naturalization  at  Washington,  within  thirty  days  after  the 
issuance  of  a  certificate  of  citizenship,  a  duplicate  of  sucu 
certificate,  and  to  make  and  keep  on  file  in  his  office  a  stub 
for  each  certificate  so  issued  by  him,  whereon  shall  be  en- 
tered a  memorandum  of  all  the  essential  facts  set  forth  ia 
such  certicate.  It  shall  also  be  the  duty  of  the  clerk  of  each 
of  said  courts  to  report  to  the  said  bureau,  within  thirty 
days  after  the  final  hearing  and  decision  of  the  court,  the 
name  of  each  and  every  alien  who  shall  be  denied  natural- 
ization, and  to  furnish  to  said  bureau  duplicates  of  all  peti- 
tions within  thirty  days  after  the  filing  of  the  same,  and 
certified  copies  of  such  other  proceedings  and  orders  insti- 
tuted in  or  issued  out  of  said  court  affecting  or  relating  to 
the  naturalization  of  aliens  as  may  be  required  from  time 
to  time  by  the  said  bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  direc- 
tion shall  refuse  or  neglect  to  comply  with  any  of  the  fore- 
going provisions  he  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty-five  dollars  in  each  and  every  case 
in  which  such  violation  or  omission  occurs,  and  the  amount 
of  such  forfeiture  may  be  recovered  by  the  United  States 
in  an  action  of  debt  against  such  clerk. 

Clerks  of  court  having  and  exercising  jurisdiction  in 
naturalization  matters  shall  be  responsible  for  all  blank 
certificates  of  citizenship  received  by  them  from  time  to 
time  from  the  Bureau  of  Immigration  and  Naturalization, 
and  shall  account  for  the  same  to  the  said  bureau  when- 
ever required  so  to  do  by  such  bureau.  No  certificate  of 
citizenship  received  by  any  such  clerk  which  may  be  de- 
faced or  injured  in  such  manner  as  to  prevent  its  use  as 
herein  provided  shall  in  any  case  be  destroyed,  but  sucii 
certificate  shall  be  returned  to  the  said  bureau;  and  in  case 
any  such  clerk  shall  fail  to  return  or  properly  account  for 
any  certificate  furnished  by  the  said  bureau,  as  herein  pro- 
vided, he  shall  be  liable  to  the  United  States  in  the  sum  of 
fifty  dollars,  to  be  recovered  in  an  action  of  debt,  for  each 


STATE  OF  NORTH  DAKOTA ^ 

and   every  certificate   not  jjropcrly   accounted   for   or  re- 
turned. 

§  13.  Tliat  tlie  clerk  of  eacli  and  every  court  exercis- 
ing jurisdiction  in  naturalization  cases  shall  charge,  col- 
lect, and  account  for  the  following  fees  in  each  proceeding: 

For  receiving  and  filing  a  declaration  of  intention  and 
issuing  a  duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien 
for  admission  as  a  citizen  of  the  United  States  and  for  the 
final  hearing  thereon,  two  dollars;  and  for  entering  the 
final  order  and  tlie  issuance  of  the  certificate  of  citizenship 
thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  au- 
thorized to  retain  one-half  of  the  fees  collected  by  him  in 
such  naturalization  proceeding;  the  remaining  one-half  of 
the  naturalization  fees  in  each  case  collected  by  such  clerks, 
respectively,  shall  be  accounted  for  in  their  quarterly  ac- 
counts, which  they  are  hereby  required  to  render  the  Bur- 
eau of  Immigration  and  Naturalization,  and  paid  over  to 
such  bureau  within  thirty  days  from  the  close  of  each  quar- 
ter in  each  and  every  fiscal  year,  and  the  moneys  so  re- 
ceived shall  be  paid  over  to  the  disbursing  clerk  of  the  De- 
partment of  Commerce  and  Labor,  who  shall  thereupon 
deposit  them  in  the  treasury  of  the  United  States,  render- 
ing an  account  therefor  quarterly  to  the  auditor  for  the 
State  and  other  departments,  and  the  said  disbursing  clerk 
shall  be  held  responsible  under  his  bond  for  said  fees  so 
received. 

In  addition  to  the  fees  herein  required,  the  petitioner 
shall,  upon  the  filing  of  his  petition  to  become  a  citizen  of 
the  United  States,  deposit  with  and  pay  to  the  clerk  of  the 
court  a  sum  of  money  sufficient  to  cover  the  expenses  of 
subpoenaing  and  paying  the  legal  fees  of  any  witnesses  for 
whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
charge of  such  witnesses  they  shall  receive,  if  they  demand 
the  same  from  the  clerk,  the  customary  and  usual  witness 
fees  from  the  moneys  w^hich  the  petitioner  shall  have  paid 
to  such  clerk  for  such  purpose,  and  the  residue,  if  any,  shall 
be  returned  by  the  clerk  to  the  petitioner;  provided,  that 
the  clerks  of  courts  exercising  jurisdiction  in  naturalization 
proceedings  shall  be  permitted  to  retain  one-half  of  the 
fees  in  any  fiscal  year  up  to  the  sum  of  three  thousand  dol- 
lars, and  that  all  fees  received  by  such  clerks  in  naturali- 
zation proceedings  in  excess  of  such  amount  shall  be  ac- 
counted for  and  paid  over  to  said  bureau  as  in  case  of 
other  fees  to  which  the  United  States  may  be  entitled  under 
the  provisions  of  this  act.  The  clerks  of  the  various  courts 
exercising  jurisdiction  in  naturalization  proceedings  shall 


46  ELECTION  LAWS 


pay  all  additional  clerical  force  that  may  be  required  in 
performing  the  duties  imposed  by  this  act  upon  the  clerks 
of  courts  from  fees  received  by  such  clerks  in  naturalizi- 
tion  proceedings. 

And  in  case  the  clerk  of  any  court  exercising  naturaliza- 
tion jurisdiction  collects  fees  in  excess  of  the  sum  of  six 
Ihousand  dollars  in  any  fiscal  year  the  Secretary  of  Com- 
merce and  Labor  may  allow  salaries,  for  naturalization 
purposes  only,  to  pay  for  clerical  assistance,  to  be  selected 
and  employed  by  that  clerk,  additional  to  the  clerical  force, 
for  which  clerks  of  courts  are  required  by  this  section  to 
pay  from  fees  received  by  such  clerks  in  naturalization 
proceedings,  if  in  the  opinion  of  said  secretary  the  natural- 
ization business  of  such  clerk  warrants  further  additional 
assistance;  provided,  that  in  no  event  shall  the  whole  amount 
allowed  the  clerk  of  a  court  and  his  assistants  exceed  the 
one-half  of  the  gross  receipts  of  the  oflice  of  said  clerk 
from  naturalization  fees  during  such  fiscal  year;  provided 
further,  that  when,  at  the  close  of  any  fiscal  year;  the  busi- 
ness of  such  clerk  of  court  indicates  in  the  opinion  of  the 
Secretary  of  Commerce  and  Labor  that  the  naturalization 
fees  for  the  succeeding  fiscal  year  will  exceed  six  thousand 
dollars  the  Secretary  of  Commerce  and  Labor  may  au- 
thorize the  continuance  of  the  allowance  of  salaries  for  the 
additional  clerical  assistance  herein  provided  for  and  em- 
ployed on  the  last  day  of  the  fiscal  year  until  such  time  as 
the  remittances  indicate  in  the  opinion  of  said  secretary 
that  the  fees  for  the  then  current  fiscal  year  will  not  be  suf- 
ficient to  allow  the  additional  clerical  assistance  authorized 
by  this  act. 

That  payment  for  the  additional  clerical  assistance  here- 
in authorized  shall  be  in  the  manner  and  under  such  regu- 
lations as  the  Secretary  of  Commerce  and  Labor  may  pre- 
scribe. 

§  14.  That  the  declarations  of  intention  and  the  peti- 
tions for  naturalization  shall  be  bound  in  chronological 
order  in  separate  volumes,  indexed,  consecutively  num- 
bered, and  made  part  of  the  records  of  the  court.  Eacii 
certificate  of  naturalization  issued  shall  bear  upon  its  face, 
in  a  place  prepared  therefor,  the  volume  number  and  page 
number  of  the  petition  whereon  such  certificate  was  issued, 
and  the  volume  number-  and  page  number  of  the  stub  of 
such  certificate. 

§  15.  That  it  shall  be  the  duty  of  the  United  States 
district  attorneys  for  the  respective  districts,  upon  affidavit 
showing  good  cause  therefor,  to  institute  proceedings  in 
any  court  having  jurisdiction  to  naturalize  aliens  in  the 


3TATE  OF  NORTH  DAKOTA 47 

judicial  district  in  which  the  naturalized  citizen  may  reside 
at  the  tme  of  bringing  the  suit,  for  the  purpose  of  setting 
aside  and  canceling  the  certificate  of  citizenship  on  the 
ground  of  fraud  or  on  the  ground  that  such  certificate  of 
citizenship  was  illegally  procured.  In  any  sucfr  proceed- 
ings the  party  holding  the  certificate  of  citizenship  alleged 
to  have  been  fraudulently  or  illegally  procured  shall  have 
sixty  days'  personal  notice  in  which  to  make  answer  to  the 
petition  of  the  United  States;  and  if  .the  holder  of  such  cer- 
tificate be  absent  from  the  United  States  or  from  the  dis- 
trict in  which  he  last  had  his  residence,  such  notice  shall 
be  given  by  publication  in  the  manner  provided  for  the  ser- 
vice of  summons  by  publication  or  upon  absentees  by  the 
laws  of  the  State  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citi- 
zenship under  the  provisions  of  this  act  shall,  within  five 
years  after  the  issuance  of  such  certificate,  return  to  the 
country  of  his  nativity,  or  go  to  any  other  foreign  country, 
and  take  permanent  residence  therein,  it  shall  be  consider- 
ed prima  facie  evidence  of  a  lack  of  intention  on  the  part 
of  such  alien  to  become  a  permanent  citizen  of  the  United 
States  at  the  time  of  filing  his  application  for  citizenship, 
and,  in  the  absence  of  countervailing  evidence,  it  shall  be 
sufficient  in  the  proper  proceeding  to  authorize  the  cancel- 
lation of  his  certificate  of  citizenship  as  fraudulent,  and 
the  diplomatic  and  consular  officers  of  the  United  States  in 
foreign  countries  shall  from  time  to  time,  through  the  De- 
partment of  State,  furnish  the  Department  of  Justice  with 
the  names  of  those  within  their  respective  jurisdictions 
who  have  such  certificates  of  citizenship  and  who  have 
taken  permanent  residence  in  the  country  of  their  nativity, 
or  in  any  other  foreign  country,  and  such  statements,  duly 
certified,  shall  be  admissible  in  evidence  in  all  courts  in 
proceedings  to  cancel  certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set  aside 
or  canceled,  as  herein  provided,  the  court  in  which  such 
judgment  or  decree  is  rendered  shall  make  an  order  can- 
celing such  certificate  of  citizenship  and  shall  send  a  certi- 
fied copy  of  such  order  to  the  Bureau  of  Immigration  and 
Naturalization;  and  in  case  such  certificate  was  not  origin- 
ally issued  by  the  court  making  such  order  it  shall  direct 
the  clerk  of  the  court  to  transmit  a  copy  of  such  order  and 
judgment  to  the  court  out  of  which  such  certificate  of  citi- 
zenship shall  have  been  originally  issued.  And  it  shaU 
thereupon  be  the  duty  of  the  clerk  of  the  court  receiving 
such  certified  copy  of  the  order  and  judgment  of  the  cou?t 
to  enter  the  same  of  record  and  to  cancel  such  original  cer- 
tificate of  citizenship  upon  the  records  and  to  notify  the 


48  ELECTION  LAWS 


Bureau  of  Immigration  and  Naturalization  of  such  cancel- 
lation. 

The  provisions  of  this  section  shall  apply  not  only  to 
certificate  of  citizenship  issued  under  the  provisions  of 
this  act,  Dut  to  all  certificates  of  citizenship  which  may 
have  been  issued  heretofore  by  any  court  exercising  juris- 
diction in  naturalization  proceedings  under  prior  laws. 

§  16.  That  every  person  who  falsely  makes,  forges, 
counterfeits,  or  causes  or  procures  to  l3e  falsely  made, 
forged,  or  counterfeited,  or  knowingly  aids  or  assists  in 
falsely  making,  forging,  or  counterfeiting  any  certificate  of 
citizenship,  with  intent  to  use  the  same,  or  with  the  intent 
that  the  same  may  be  used  by  some  other  person  or  per- 
sons, shall  be  guilty  of  felony,  and  a  person  convicted  of 
such  offense  shall  be  punished  by  imprisonment  of  not 
more  than  ten  years,  or  by  a  fine  of  not  more  than  ten  thou- 
sand dollars,  or  by  both  such  fine  and  imprisonment. 

§  17.  That  every  person  who  engraves  or  causes  or 
procures  to  be  engraved,  or  assists  in  engraving,  any  plats 
in  the  likeness  of  any  plate  designed  for  the  printing  of  a 
certificate  of  citizenship,  or  who  sells  any  such  plate,  or 
who  brings  into  the  United  States  from  any  foreign  place 
any  such  plate,  except  under  the  direction  of  the  Secretar}^ 
of  Commerce  and  Labor,  or  other  proper  officer,  and  any 
person  who  has  in  his  control,  custody,  or  possession  any 
metallic  plate  engraved  after  the  similitude  of  any  plate 
from  which  any  such  certificate  has  been  printed,  with  in- 
tent to  use  such  plate  or  suffer  the  same  to  be  used  in  f org 
ing  or  counterfeiting  any  such  certificate  or  any  part  there- 
of; and  every  person  who  prints,  photographs,  or  in  any 
other  manner  causes  to  be  printed,  photogranhed,  made,  or 
executed,  any  print  or  impression  in  the  likeness  of  any 
such  certificate,  or  any  part  thereof,  or  who  sells  any  such 
certificate,  or  brings  the  same  into  the  United  States  from 
any  foreign  place,  except  by  direction  of  some  proper  offi- 
cer of  the  United  States,  or  who  has  in  his  possession  a  dis- 
tinctive paper  which  has  been  adopted  by  the  proper  offi- 
cer of  the  United  States  for  the  printing  of  such  certificate, 
with  intent  to  unlawfully  use  the  same,  shall  be  punished 
by  a  fine  of  not  more  than  ten  thousand  dollars,  or  by  im- 
prisonment at  hard  labor  for  not  less  than  ten  years,  or  by 
both  such  fine  and  imprisonment. 

§  18.  That  it  is  hereby  made  a  felonv  for  any  clerk 
or  other  person  to  issue  or  be  a  party  to  the  issuance  of  a 
certificate  of  citizenship  contrary  to  the  provisions  of  this 
act,  except  upon  a  final  order  under  the  hand  of  a  court 
having  jurisdiction  to  make  such  order,  and  upon  convic- 


STATE  OF  NORTH  DAKOTA 49 

tion  thereof  such  clerk  or  other  person  shall  be  punished 
by  imprisonment  for  not  more  than  five  years  and  by  a  fine 
of  not  more  than  five  thousand  dollars,  in  the  discretion  of 
the  court. 

§  19.  That  every  person  who  without  lawful  excuse 
is  possessed  by  any  blank  certificate  of  citizenship  provid- 
ed by  the  Bureau  of  Immigration  and  Naturalization,  with 
intent  unlawfully  to  use  the  same,  shall  be  imprisoned  at 
hard  labor  not  more  than  five  years  or  be  fined  not  more 
than  one  thousand  dollars. 

§  20.  That  any  clerk  or  other  officer  of  a  court  hav- 
ing power  under  this  act  to  naturalize  aliens,  who  willfully 
neglects  to  render  true  accounts  of  moneys  received  by  him 
for  naturalization  proceedings  or  who  willfully  neglects  to 
pay  over  any  balance  of  such  moneys  due  to  the  United 
States  within  thirty  days  after  said  payment  shall  become 
due  and  demand  therefor  has  been  made  and  refused,  shall 
be  deemed  guilty  of  embezzlement  of  the  public  moneys, 
and  shall  be  punishable  by  imprisonment  for  not  more 
than  five  years,  or  by  a  fine  of  not  more  than  five  thousand 
dollars,  or  both. 

§  21.  That  it  shall  be  unlawful  for  any  clerk  of  any 
court  or  his  authorized  deputy  or  assistant  exercising  juris- 
diction in  naturalization  proceedings  to  demand,  charge, 
collect  or  receive  any  other  additional  fees  or  moneys  in 
naturalization  proceedings  save  the  fees  and  moneys  here- 
in specified;  and  a  violation  of  any  of  the  provisions  of 
this  section  or  any  part  thereof  is  hereby  declared  to  be  a 
misdemeanor  and  shall  be  punished  by  imprisonment  for 
not  more  than  two  years,  or  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

§  22.  That  the  clerk  of  any  court  exercising  jurisdic- 
tion in  naturalization  proceedings,  or  any  person  acting 
under  authority  of  this  act,  who  shall  knowingly  certify 
that  a  petitioner,  affiant,  or  witness  named  in  an  affidavit, 
petition,  or  certificate  of  citizenship,  or  other  paper  or  writ- 
ing required  to  be  executed  under  the  provisions  of  this 
act,  personally  appeared  before  him  and  was  sworn  there- 
to, or  acknowledged  the  execution  thereof  or  signed  the 
same,  when  in  fact  such  petitioner,  affiant,  or  witness  did 
not  personally  appear  before  him,  or  was  not  sworn  there- 
to, or  did  not  execute  the  same,  or  did  not  acknowledge 
the  execution  thereof,  shall  be  punished  by  a  fine  of  not  ex- 
ceeding five  thousand  dollars,  or  by  imprisonment  not  to 
exceed  five  years. 

§  23.  That  any  person  who  knowingly  procures  nat- 
uralization in  violation  of  the  provisions  of  this  act  shall 


50  ELECTION  LAWS 


be  fined  not  more  than  five  thousand  dollars,  or  shall  be 
imprisoned  not  more  than  five  years,  or  both,  and  upon 
conviction  the  court  in  which  such  conviction  is  had  shall 
thereupon  adjudge  and  declare  the  final  order  admitting 
such  person  to  citizenship  void.  Jurisdiction  is  hereby  con- 
ferred on  the  courts  having  jurisdiction  of  the  trial  of  such 
offense  to  make  such  adjudication.  Any  person  who  know- 
ingly aids,  advises,  or  encourages  any  person  not  entitled 
thereto  to  apply  for  or  to  secure  naturalization,  or  to  file 
the  preliminary  papers  declaring  an  intent  to  become  a 
citizen  of  the  United  States,  or  who  in  any  naturalization 
proceeding  knowingly  procures  or  gives  false  testimony  as 
to  any  material  fact,  or  who  knowingly  makes  an  affidavit 
false  as  to  any  material  fact  required  to  be  proved  in  sucii 
proceeding,  shall  be  fined  not  more  than  five  thousand  dol- 
lars, or  imprisoned  not  more  than  five  years,  or  both. 

§  24.  That  no  person  shall  be  prosecuted,  tried,  or 
punished  for  crime  arising  under  the  provisions  of  this  act 
unless  the  indictment  is  found  or  the  information  is  filed 
within  five  years  next  after  the  commission  of  such  crime. 

§  25.  That  for  the  purpose  of  the  prosecution  of  11 
crimes  and  offenses  against  the  naturalization  laws  of  the 
United  States  which  may  have  been  committed  prior  to  the 
date  when  this  act  shall  go  into  effect,  the  existing  natural- 
ization laws  shall  remain  in  full  force  and  effect. 

§  26.  That  sections  twenty-one  hundred  and  sixty- 
five,  twenty-one  hundred  and  sixty-seven,  twenty-one  hun- 
dred and  sixty-eight,  twenty-one  hundred  and  seventy- 
three  of  the  Revised  Statutes  of  the  United  States  of  Amer- 
ica, and  section  thirty-nine  of  chapter  one  thousand  and 
twelve  of  the  Statutes  at  Large  of  the  United  States  of  Amer- 
ica for  the  year  nineteen  hundred  and  three,  and  all  acts 
or  parts  of  acts  inconsistent  with  or  repugnant  to  the  pro- 
visions of  this  act  are  hereby  repealed. 

Sec.  27.  That  substantially  the  following  forms  shall  be 
used  in  the  proceedings  to  which  they  relate: 

DECLARATION    OF   INTENTION. 

(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 

,  SS: 

I,    ,   aged years,   occupation 

do  declare  on  oath  (affirm)   that  my  personal  description 

is :       Color ,    complexion ,    height , 

weight ,  color  of  hair ;  I  was  born  in 

on  the ........  day  of ,  anno  Domini ;  I  now 


STATE  OF  NORTH  DAKOTA 51 

reside  at ;  I  emigrated  to  the  United  States  of 

America  from on  the  vessel ;  my  last  for- 
eign residence  was It  is  my  bona  fide  intentio^i 

to  renounce  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state,  or  sovereignty,  and  particularly  to 

,  of  which  I  am  now  a  citizen  (subject) ;  I  arrived 

at  the  (port)  of ,  in  the  State  (Territory  or  District) 

of on   or  about  the day  of anno 

Domini ;  I  am  not  an  anarchist;  I  am  not  a  poly- 

gamist  nor  a  believer  in  the  practice  of  polgamy;  and  it  is 
my  intention  in  good  faith  to  become  a  citizen  of  the  United 
States  of  America  and  to  permanently  reside  therein.  So 
help  me  God. 

(Original  signature  of  declarant) 

Subscribed  and  sworn  to  (affirmed)  before  me  this 

day  of ,  anno  Domini 

[L.  S.] 


(Official  character  of  Attestor.) 

PETITION    FOR   NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of to  be  admitted  as  a 

citizen  of  the  United  States  of  America. 
To  the Court: 

The  petition  of respectfully  shows: 

First.    My  full  name  is 

Second.    My  place  of  residence  is  number street, 

city  of ,  State  (Territory  or  District)  of 

Third.     My  occupation  is 

Fourth.     I  was  born  on  the day  of at 

Fifth.     I  emigrated  to  the  United  States  from , 

on  or  about  the day  of ,  anno  Domini 

,  and  arrived  at  the  port  of ,  in  the  United 

States,  on  the  vessel 

Sixth.     I  declared  my  intention  to  become  a  citizen  of 

the  United  States  on  the day  of at ,, 

in  the Court  of 

Seventh.     I  am ....  married.    My  wife's  name  is 

She  was  born  in and  now  resides  at 1 

have children,  and  the  name,  date,  and  place  of 

birth  and  place  of  residence  of  each  of  said  children  is  as 
follows :     ; ; 


Eighth.     I  am  not  a  disbeliever  in  or  opposed  to  organ- 
ized government  or  a  member  of  or  affiliated  with  any  or- 


52  ELECTION  LAWS 


ganization  or  body  of  persons  teaching  disbelief  in  organ- 
ized government.  I  am  not  a  polygamist  nor  a  believer  ia 
the  practice  of  polygamy.  I  am  attached  to  the  principles 
of  the  Constitution  of  the  United  States,  and  it  is  my  inten- 
tion to  become  a  citizen  of  the  United  States  and  to  re- 
nounce absolutely  and  forever  all  allegiance  and  fidelity  to 
any  foreign  prince,   potentate,   state,   or  sovereignty,   and 

particularly  to ,  of  which  at  this  time  I  am  a  citizen 

(or  subject)*  and  it  is  my  intention  to  reside  permanently 
in  the  United  States. 

Ninth.     I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United  States 
of  America  for  a  term  of  five  years  at  least  immediately 

preceding  the  date  of  this  petition,  to-wit,  since , 

anno  Domini ,  and  in  the  State  (Territory  or  Dis- 
trict)   of. ...... .for  one  year  at  least  next  preceding  the 

date  of  this  petition,  to-wit,  since day  of , 

anno  Domini 

Eleventh.  I  have  not  heretofore  made  petition  for  citi- 
zenship to  any  court.     (I  made  petition  for  citizenship  to 

the court  of at ,  and  the  said  petition 

was  denied  by  the  said  court  for  the  following  reasons 

and  causes,  to-wit, ,  and  the  cause  of  such 

denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are  my 
declaration  of  intention  to  become  a  citizen  of  the  United 
States  and  the  certificate  from  the  Department  of  Commerce 
and  Labor  required  by  law.  Wherefore  your  petitioner 
prays  that  he  may  be  admitted  a  citizen  of  the  United  States 
of  America. 


Dated 

(Signature  of  petitioner) 
SS: 


,  being  duly  sworn,  deposes  and  says  that  he 

is  the  petitioner  in  the  above-entitled  proceeding;  that  he 
has.  read  the  foregoing  petition  and  knows  the  contents 
thereof;  that  the  same  is  true  of  his  own  knowledge,  except 
as  to  matters  stated  to  be  alleged  upon  information  and  be- 
lief, and  that  as  to  those  matters  he  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day  of 

,  anno  Domini 

.  [L.  S.] 

Clerk 

Clerk  of  the. ...... .Court. 


STATE  OF  NORTH  DAKOTA '_^ 

AFFIDAVIT    OF    WITNESSES. 

Court  of 

In  the  matter  of  the  petition  of to  be  admitted  a 

citizen  of  the  United  States  of  America. 

,  SS: 

,  occupation ,  residing  at   ,  and 

,  ocicupation ,  residing  at ,  each 

being  severally,  duly  and  respectively  sworn,  deposes  and 
says  that  he  is  a  citizen  of  the  United  States  of  America: 

that  he  has  personally  known ,  the  petitioner 

above  mentioned,  to  be  a  resident  of  the  United  States  for 
a  period  of  at  least  five  years  continuously  immediately 
preceding  the  date  of  filing  his  petition,  and  of  the  State 
(Territory  or  District)  in  which  the  above-entitled  applica- 
tion is  made  for  a  period  of years  immediately  pre- 
ceding the  date  of  filing  his  petition;  and  that  he  has  per- 
sonal knowledge  that  the  said  petitioner  is  a  person  of  good 
moral  character,  attached  to  the  principles  of  the  Constitu- 
tion of  the  United  States,  and  that  he  is  in  every  way  quali- 
fied, in  his  opinion,  to  be  admitted  as  a  citizen  of  the  United 
States. 


Subscribed  and  sworn  to  before  me  this day  of 

,  nineteen  hundred  and 


(Official  character  of  Attestor.) 

CERTIFICATE  OF  NATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder) 

Description  of  holder:       Age ;  height ; 

color ;  complexion ;  color  of  eyes ; 

color  of  hair ;  visible  distinguishing  marks 

Name,  age  and  place  of  residence  of  wife Names, 

ages  and  places  of  residence  of  minor  children, , 


,  SS. 

Be  it  remembered,  that  at  a term  of  the 

court  of ,  held  at ,  on  the day  of 

,  in  the  year  of  our  Lord  nineteen  hundred  and 

, ,  who,  previous  to  his  (her)  naturalization 

was  a  citizen  or  subject  of ,  at  present  residing  at 

number , street, city  (town), 


54  ELECTION  LAWS 


State  (Territory  or  District),  having  applied  to  be  admitted 
a  citizen  of  the  United  States  of  America  pursuant  to  law, 
and  the  court  having  found  that  the  petitioner  had  resided 
continuously  within  the  United  States  for  at  least  five  years 
and  in  this  State  for  one  year  immediately  preceding  the 
date  of  the  hearing  of  his  (her)  petition,  and  that  said  peti- 
tioner intends  to  reside  permanently  in  the  United  States, 
had  in  all  respects  complied  with  the  law  in  relation  there- 
to, and  that.... he  was  entitled  to  be  so  admitted,  it  was 
thereupon  ordered  by  the  said  court  that. .  .he  be  admitted 
as  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto 

affixed  on  the day  of ,  in  the  year  of  our 

Lord  nineteen  hundred  and ,  and  of  our  independ- 
ence the 

[L.  S.] 


(Official  character  of  Attestor.) 

STUB   OF   CERTIFICATE   OF   NATURALIZATION. 

Number  of  certificate 

Name ;  age 

Declaration  of  intention,  volume. ......  page 

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife , 

Names,  ages,  and  places  of  residence  of  minor  children. 


Date  of  order,  volume ,  page 

(Signature  of  holder) . . 
Sig.  7. 


§  28.  That  the  Secretary  of  Gomerce  and  Labor  shall 
have  power  to  make  such  rules  and  regulations  as  may 
be  necessary  for  properly  carrying  into  execution  the 
various  provisions  of  this  act.  Certified  copies  of  all  papers, 
documents,  certificates,  and  records  required  to  be  usei, 
filed,  recorded,  or  kept  under  any  and  all  of  the  provisions 
of  this  act  shall  be  admitted  in  evidence  equally  with  the 
originals  in  any  and  all  proceedings  under  this  act  and  in 
all  cases  in  which  the  originals  thereof  might  be  admissible 
as  evidence. 

§  29.  That  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act  there  is  hereby  appropriated  the  sum 
of  one  hundred  thousand  dollars,  out  of  any  moneys  in  the 
Treasury  of  the  United  States,  not  otherwise  appropriated, 
which  appropriation  shall  be  in  full  for  the  objects  hereby 
expressed  until  June  30,  1907 :  and  the  provisions  of  Section 


STATE  OF  NORTH  DAKOTA 55 

3679  of  the  Revised  Statutes  of  the  United  States  shall  not 
be  applicable  in  any  way  to  this  appropriation. 

§  30.  That  all  the  applicable  provisions  of  the  natur- 
alization laws  of  the  United  States  shall  apply  to  and  be 
held  to  authorize  the  admission  to  citizenship  of  all  persons 
not  citizens  who  owe  permanent  allegiance  to  the  United 
States,  and  who  may  become  residents  of  any  State  or  or- 
ganized Territory  of  the  United  States,  with  the  following 
modifications:  The  applicant  shall  not  be  required  to  re- 
nounce allegiance  to  any  foreign  sovereignty;  he  shall  make 
his  declaration  of  intention  to  become  a  citizen  of  the  United 
States  at  least  two  years  prior  to  his  admission;  and  resi- 
dence within  the  jurisdiction  of  the  United  States,  owing 
such  permanent  allegiance,  shall  be  regarded  as  residence 
within  the  United  States  within  the  meaning  of  the  five 
years'  residence  clause  of  the  existing  law. 

§  31.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  ninety  days  from  the  date  of  its  passage; 
provided,  that  Sections  1,  2,  28,  and  29  shall  go  into  effect 
from  and  after  the  passage  of  this  act. 

§  2166.  Honorably  discharged  soldiers  are  exempt  froti 
CERTAIN  FORMALTiES.]  Any  alien,  of  the  age  of  twenty-one 
years  and  upward,  who  has  enlisted,  or  may  enlist,  in  the 
armies  of  the  United  States,  either  the  regular  or  the  volun- 
teer forces,  and  has  been,  or  may  be  hereafter,  honorably 
discharged,  shall  be  admitted  to  become  a  citizen  of  the 
United  States,  upon  his  petition,  without  any  previous  de- 
claration of  his  intention  to  become  such;  and  he  shall  not 
be  required  to  prove  more  than  one  year's  residence  within 
the  United  States  previous  to  his  application  to  become  such 
citizen;  and  the  court  admitting  such  alien  shall,  in  addi- 
tion to  such  proof  of  residence  and  good  moral  character, 
as  now  provided  by  law,  be  satisfied  by  competent  proof  of 
such  person's  having  been  honorably  discharged  from  the 
service  of  the  United  States. 

§  2169.  (As  Amended,  1875).  Aliens  of  African  nativ- 
ity AND  DESCENT.]^  The  provisious  of  this  title  shall  apply 
to  aliens  being  free  white  persons,  and  to  aliens  of  African 
nativity  and  to  persons  of  African  descent. 

§  2171.  Naturalization  to  alien  enemies  prohibited.] 
No  alien  who  is  a  native  citizen  or  subject,  or  a  denizen  of 
any  country,  state,  or  sovereignty  with  which  the  United 
States  are  at  war,  at  the  time  of  his  application,  shall  be 
then  admitted  to  become  a  citizen  of  the  United  States;  but 
persons  resident  within  the  United  States,  or  the  territories 
thereof,  on  the  eighteenth  day  of  June,  1812,  who  had  be- 


56  ELECTION  LAWS 


fore  that  day  made  a  declaration,  according  to  law,  of  their 
intention  to  become  citizens  of  the  United  States,  or  who 
were  on  that  day  entitled  to  become  citizens  without  mak- 
ing such  declaration,  may  be  admitted  to  become  citizens 
thereof,  notwithstanding  they  were  alien  enemies  at  the 
time  and  in  the  manner  prescribed  by  the  laws  heretofbre 
passed  on  that  subject;  nor  shall  anything  herein  contain- 
ed be  taken  to  construed  to  interfere  with  or  prevent  the 
apprehension  and  removal,  agreeably  to  law,  of  any  alien 
enemy  at  any  time  previous  to  the  actual  naturalization  of 
such  alien. 

§  2172.  Children  of  persons  naturalized  under  certain 
LAWS  TO  BE  CITIZENS.]  The  children  of  persons  who  have 
been  duly  naturalized  under  any  law  of  the  United  States, 
or  who,  previous  to  the  passing  of  any  law  on  that  subject, 
by  the  Government  of  the  United  States,  may  have  become 
citizens  of  any  one  of  the  states,  under  the  laws  thereof,  be- 
ing under  the  age  of  twenty-one  years  at  the  time  of  the 
naturalization  of  their  parents,  shall,  if  dwelling  in  the 
United  States,  be  considered  as  citizens  thereof;  and  the 
children  of  persons  who  now  are,  or  have  been,  citizens  of 
the  United  States,  shall,  though  born  out  of  the  limits  and 
jurisdiction  of  the  United  States,  be  considered  as  citizens 
thereof;  but  no  person  heretofore  proscribed  by  any  state, 
or  who  has  been  legally  convicted  of  having  joined  the  army 
of  Great  Britain  during  the  Revolutionary  War,  shall  be 
admitted  to  become  a  citizen  without  the  consent  of  the 
legislature  of  the  state  in  which  such  person  was  proscribed. 

§  2174.  Alien  seamen  of  merchant  vessels.]  Every 
seaman,  being  a  foreigner,  who  declares  his  intention  of 
bectoming  a  citizen  of  the  United  States  in  any  competent 
court,  and  shall  have  served  three  years  on  board  of  a  mer- 
chant vessel  of  the  United  States  subsequent  to  the  date  of 
such  declaration,  may,  on  his  application  to  any  competent 
court,  and  the  production  of  his  certificate  of  discharge  and 
good  conduct  during  that  time,  together  with  the  certificate 
of  his  declaration  of  intention  to  become  a  ctizen,  be  ad- 
mitted a  citizen  of  the  United  States;  and  every  seaman, 
being  a  foreigner,  shall,  after  his  declaration  of  intention 
to  become  a  citizen  of  the  United  States,  and  after  he  shall 
have  served  such  three  years,  be  deemed  a  citizen  of  the 
United  States  for  the  purpose  of  manning  and  serving  on 
board  any  merchant  vessel  of  the  United  States,  anything 
to  the  contrary  in  any  act  of  Congress  notwithstanding; 
but  such  seaman  shall,  for  all  purposes  of  protection  as  an 
American  citizen,  be  deemed  such,  after  the  filing  of  his 
declaration  of  intention  to  become  such  citizen. 


STATE  OF  NORTH  DAKOTA 57 

§  14.  Naturalization  of  Chinese  prohibited.]  That 
hereafter  no  state  court  or  court  of  the  United  States  shall 
admit  Chinese  to  citizenship;  and  all  laws  in  conflict  with 
this  act  are  hereby  repealed. 

Aliens  honorably  discharged  from  service  in  navy  or 
MARINE  CORPS.]  Any  alien  of  the  age  of  twenty-one  years 
and  upward  who  has  enlisted  or  may  enlist  in  the  United 
States  Navy  or  Marine  Corps,  and  has  served  or  may  here- 
after serve  five  consecutive  years  in  the  United  States  Ma- 
rine Corps,  and  has  been  or  may  hereafter  be  honorably 
discharged,  shall  be  admitted  to  become  a  citizen  of  the 
United  States  upon  his  petition,  without  any  previous  de- 
claration of  his  intention  to  become  such;  and  the  court 
admitting  such  alien  shall,  in  addition  to  proof  of  good 
moral  character,  be  satisfied  competent  proof  of  such  per- 
son's service  in  and  honorable  discharge  from  the  United 
States  Navy  or  Marine  Corps. 

AN  ACT  TO  VALIDATE  CERTAIN  CERTIFICATES  Or 
NATURALIZATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled. 
That  naturalization  certificates  issued  after  the  act  approved 
March  3,  1903,  entitled  "An  act  to  regulate  the  immigration 
of  aliens  into  the  United  States,"  went  into  effect,  which 
fail  to  show  that  the  courts  issuing  said  certificates  com- 
plied with  the  requirements  of  Section  39  of  said  act,  but 
which  were  otherwise  lawfully  issued,  are  hereby  declared 
to  be  as  valid  as  though  said  certificates  complied  with  said 
moral  character,  be  satisfied  by  competent  proof  of  such  per- 
section;  provided,  that  in  all  such  cases  applications  shall  be 
made  for  new  naturalization  with  the  provisions  of  said  act 
of  1903,  they  shall  relate  back  to  the  defective  certificates, 
and  citizenship  shall  be  deemed  to  have  been  perfected  at 
the  date  of  the  defective  certificate.  i 

Sec.  2.  That  all  the  records  relating  to  naturalization, 
all  declarations  of  intention  to  become  citizens  of  the  United 
States  and  all  certificates  of  naturalization  filed,  recorded, 
or  issued  prior  to  the  time  when  this  act  takes  effect  in  or 
from  the  criminal  court  of  Cook  County,  Illinois,  shall  for 
all  purposes  be  deemed  to  be  and  to  have  been  made,  filed, 
recorded,  or  issued  by  a  court  with  jurisdiction  to  natur- 
alize aliens,  but  shall  not  be  by  this  act  further  validated  or 
legalized. 


58  ELECTION  LAWS 


STATE  CONSTITUTION. 


[Adopted  Oct.  1,  1889;  yeas,  27,441;  nays,  8,107.] 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God 
for  the  blessings  of  civil  and  religious  liberty,  do  ordain 
and  establish  this  constitution. 

ARTICLE  1. — Declaration  of  Rights. 

§  1.  All  men  are  by  nature  equally  free  and  inde- 
pendent and  have  certain  inalienable  rights,  among  which 
are  those  of  enjoying  and  defending  life  and  liberty,  acquir- 
ing, possessing  and  protecting  property  and  reputation; 
and  pursuing  and  obtaining  safety  and  happiness. 

§  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security  and 
benefit  of  the  people,  and  they  have  a  right  to  alter  or  re- 
form the  same  whenever  the  public  good  may  require. 

§  3.  The  state  of  North  Dakota  is  an  inseparable  part 
of  the  American  union  and  the  constitution  of  the  United 
States  is  the  supreme  law  of  the  land. 

§  4.  The  free  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination  or  prefer- 
ence, shall  be  forever  guaranteed  in  this  state,  and  no  per- 
son shall  be  rendered  incompetent  to  be  a  witness  or  juror 
on  account  of  his  opinion  on  matters  of  religious  belief;  but 
the  liberty  of  conscience  hereby  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify  prac- 
tices inconsistent  with  the  peace  or  safety  of  this  state. 

§  5.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  unless,  when  in  case  of  rebellion  or  inva- 
sion, the  public  safety  may  require. 

§  6.  All  persons  shall  be  bailable  by  sufficient  sure- 
ties, unless  for  capital  offenses,  when  the  proof  is  evidence 
or  the  presumption  great.  Excessive  bail  shall  not  be  re- 
quired, nor  excessive  fines,  imposed,  nor  shall  cruel  or  un- 
usual punishments  be  inflicted.  Witnesses  shall  not  be  un- 
reasonably detained,  nor  be  confined  in  any  room  where 
criminals  are  actually  imprisoned. 


STATE  OF  NORTH  DAKOTA 59 

§  7.  The  right  of  trial  by  jury  shall  be  secured  to  all, 
and  remain  inviolate;  but  a  jury  in  civil  cases,  in  courts 
not  of  record,  may  consist  of  less  than  twelve  men,  as  may 
be  prescribed  by  law. 

§  8.  Until  otherwise  provided  by  law,  no  person  shall 
lor  a  felony,  be  proceeded  against  criminally,  otherwise 
than  by  indictment,  except  in  cases  arising  in  the  land  or 
naval  forces,  or  in  the  militia  when  in  actual  service  in 
time  of  war  or  pubic  danger.  In  all  other  cases  offenses 
shall  be  prosecuted  criminally  by  indictment  or  informa- 
tion. The  legislative  assembly  may  change,  regulate  or 
abolish  the  grand  jury  system. 

§  9.  Ever}^  man  may  freely  write,  speak  and  publish 
his  opinions  on  all  subjects,  being  responsible  for  the  abuse 
of  that  privilege.  In  all  civil  and  criminal  trials  for  libel 
the  truth  may  be  given  in  evidence,  and  shall  be  sufficient 
defense  when  the  matter  is  published  with  good  motives 
and  for  justifiable  ends;  and  the  jury  shall  have  the  same 
power  of  giving  a  general  verdict  as  in  other  cases;  and  in 
all  indictments  or  informations  for  libels  the  jury  shall  hav3 
the  right  to  determnie  {he  law  and  the  facts  under  the  direc- 
tion of  the  court,  as  in  other  cases. 

§  10.  The  citizens  have  a  right,  in  a  peacable  man- 
ner, to  assemble  together  for  the  common  good,  and  to  ap- 
ply to  those  invested  with  the  powers  of  the  government 
for  the  redress  of  grievances,  or  for  other  purposes,  by  peti- 
tion, address  or  remonstrance. 

§  11.  All  laws  of  a  general  nature  shall  have  a  uni- 
form operation. 

§  12.  The  military  shall  be  subordinate  to  the  civil 
power.  No  standing  army  shall  be  maintained  by  this  state 
in  time  of  peace,  and  no  soldiers  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war,  except  in  the  manner  prescribed  by 
law. 

§  13.  In  criminal  prosecutions  in  any  court  what- 
ever, the  party  accused  shall  have  the  right  to  a  speedy  and 
public  trial;  to  have  the  process  of  the  court  to  compel  the 
attendance  of  witnesses  in  his  behalf;  and  to  appear  and 
defend  in  person  and  with  counsel.  No  person  shall  be 
twice  put  in  jeopardy  for  the  same  offense,  nor  be  compell- 
ed in  any  criminal  case  to  be  a  witness  against  himself,  nor 
be  deprived  of  life,  liberty  or  property  without  due  process 
of  law. 

§  14.  Private  property  shall  not  be  taken  or  damaged 
for  public  use  without  just  compensation  having  been  first 


60  ELECTION  LAWS 


made  to  or  paid  into  court  for  the  owner  and  no  right  of  way 
shall  be  appropriated  to  the  use  of  any  corporation,  other 
than  municipal,  until  full  compensation  therefor  be  first 
made  in  money  or  ascertained  and  paid  into  court  for  the 
owner,  irrespective  of  any  benefit  from  any  improvement 
proposed  by  such  corporation,  which  compensation  shall 
be  ascertained  by  a  jury,  unless  a  jury  be  waived. 

§  15.  No  person  shall  be  imprisoned  for  debt  unless 
upon  refusal  to  deliver  up  his  estate  for  the  benefit  of  his 
creditors,  in  such  manner  as  shall  be  prescribed  by  law;  or 
in  cases  of  tort;  or  where  there  is  strong  presumption  or 
fraud. 

§  16.  No  bill  of  attainer,  ex  post  facto  law,  or  law 
impairing  the  obligations  of  contracts  shall  ever  be  passed. 

§  17.  Neither  slavery  nor  involuntary  servitude,  un- 
less for  the  punishment  of  crime,  shall  ever  be  tolerated  in 
this  state. 

§  18.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated,  and  no  war 
rant  shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  particularly  describing  the  place  to  be 
searched  and  the  persons  and  things  to  be  seized. 

§  19.  Treason  against  the  state  shall  consist  only  in 
levying  war  against  it,  adhering  to  its  enemies  or  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  evidence  of  two  witnesses  to  the  same 
overt  act,  or  confession  in  open  court. 

§  20.  No  special  privileges  or  immunities  shall  ever 
be  granted  which  may  not  be  altered,  revoked  or  repealed 
by  the  legislative  assembly;  nor  shall  any  citizen  or  class 
of  citizens  be  granted  privileges  or  immunities  which  upon 
the  same  terms  shall  not  be  granted  to  all  citizens. 

§  21.  The  provisions  of  this  constitution  are  mandatory 
and  prohibitory  unless,  by  express  words,  they  are  declared 
to  be  otherwise. 

§  22.  All  courts  shall  open,  and  every  man  for  any 
injury  done  him  in  his  lands,  goods,  person  or  reputation 
shall  have  remedy  by  due  process  of  law,  and  right  and 
justice  administered  without  sale,  denial  or  delay.  Suits 
may  be  brought  against  the  state  in  such  manner,  in  such 
courts  and  in  such  cases  as  the  legislative  assembly  may, 
by  law,  direct. 


STATE  OF  NORTH  DAKOTA 61 

§  23.  Every  citizen  of  this  state  shall  be  free  to  obtain 
employment  wherever  possible,  and  any  person,  corpora- 
tion, or  agent  thereof,  maliciously  interfering  or  hindering 
in  any  way,  any  citizen  from  obtaining  or  enjoying  em- 
ployment already  obtained,  from  any  other  corporation  or 
person,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  24.  To  guard  against  transgressions  of  the  high 
powers  which  we  have  delegated,  we  declare  that  every- 
thing in  this  article  is  excepted  out  of  the  general  powers 
of  government  and  shall  forever  remain  inviolate. 

ARTICLE  II. — Legislative  Department. 

§  25.  The  legislative  power  shall  be  vested  in  a  sen- 
ate and  house  of  representatives. 

§  26.  The  senate  shall  be  composed  of  not  less  than 
thirty  nor  more  than  fifty  members. 

§  27.  Senators  shall  be  elected  for  the  term  of  four 
years,  except  as  hereinafter  provided. 

§  28.  No  person  shall  be  a  senator  who  is  not  a  quali- 
fied elector  in  the  district  in  which  he  may  be  chosen,  and 
who  shall  not  have  attained  the  age  of  tweny-five  years, 
and  have  been  a  resident  of  the  state  or  territory  for  two 
years  next  preceding  his  election. 

§  29.  The  legislative  assembly  shall  fix  the  number 
of  senators,  and  divide  the  state  into  as  many  senatorial 
districts  as  there  are  senators,  which  districts,  as  nearly  as 
may  be,  shall  be  equal  to  each  other  in  the  number  of  in- 
habitants entitled  to  representation.  Each  district  shall  be 
entitled  to  one  senator  and  no  more,  and  shall  be  composed 
of  compact  and  contiguous  territory;  and  no  portion  of  any 
county  shall  be  attached  to  any  other  county,  or  part  thereof, 
so  as  to  form  a  district.  The  districts  as  thus  ascertained  and 
determined  shall  continue  until  changed  by  law. 

§  30.  The  senatorial  districts  shall  be  numbered  con- 
secutively from  one  upwards,  according  to  the  number  of 
districts  prescribed,  and  the  senators  shall  be  divided  into 
two  classes.  Those  elected  in  the  districts  designated  by 
even  numbers  shall  constitute  one  class,  and  those  elected 
in  districts  designated  by  odd  numbers  shall  constitute  the 
other  class.  The  senators  in  one  class  elected  in  the  year 
1890  shall  hold  their  office  for  two  years,  those  of  the  other 
class  shall  hold  their  office  four  years,  and  the  determina- 
tion of  the  two  classes  shall  be  by  lot,  so  that  one-half  of 
the  senators,  as  nearly  as  practicable,  may  be  elected  bien- 
nially. 


62  ELECTION  LAWS 


§  31.  The  senate  at  the  beginning  and  close  of  each 
regular  session,  and  at  such  other  times  as  may  be  neces- 
sary, shall  elect  one  of  its  members  president  pro  tempore, 
who  may  take  the  place  of  the  lieutenant  governor  under 
rules  prescribed  by  law. 

§  32.  The  house  of  representatives  shall  be  composed 
of  not  less  than  sixty  nor  more  than  one  hundred  and  forty 
members. 

§  33.  Representatives  shall  be  elected  for  the  term 
of  two  years. 

§  34.  No  person  shall  be  a  representative  who  is  not  a 
qualified  elector  in  the  district  from  which  he  may  be  chosen, 
and  who  shall  not  have  attained  the  age  of  twenty-one 
years,  and  have  been  a  resident  of  the  state  or  territory  for 
two  years  next  preceding  his  election. 

§  35.  The  members  of  the  house  of  representatives 
shall  be  apportioned  to  and  elected  at  large  from  each  sen- 
atorial district.  The  legislative  assembly  shall,  in  the  year 
1895,  and  every  tenth  year,  cause  an  enumeration  to  be 
made  of  all  the  inhabitants  of  this  state,  and  shall  at  its 
first  regular  session  after  each  enumeration,  and  also  after 
each  federal  census,  proceed  to  fix  by  law  the  number  of 
senators  which  shall  constitute  the  senate  of  North  Dakota, 
and  the  number  of  representatives  which  shall  constitute 
the  house  of  representatives  of  North  Dakota,  within  the 
limits  prescribed  by  this  constitution,  and  at  the  same  ses- 
sion shall  proceed  to  reapportion  the  state  into  senatorial 
districts,  as  prescribed  by  this  constitution,  and  to  fix  the 
number  of  members  of  the  house  of  representatives  to  be 
elected  from  the  several  senatorial  districts;  provided,  that 
the  legislative  assembly  may,  at  any  regular  session,  redis- 
trict  the  state  into  senatorial  districts  and  apportion  the 
senators  and  representatives  respectively. 

§  36.  The  house  of  representatives  shall  elect  one  of 
its  members  as  speaker. 

§  37.  No  judge  or  clerk  of  any  court,  secretary  of 
state,  attorney  general,  register  of  deeds,  sheriff  or  person 
holding  any  office  of  profit  under  this  state,  except  in  the 
militia,  or  the  office  of  attorney  at  law,  notary  public  or 
justice  of  the  peace,  and  no  person  holding  any  office  of 
profit  or  honor  under  any  foreign  government,  or  under 
the  government  of  the  United  States,  except  postmasters 
whose  annual  compensation  does  not  exceed  the  sum  of 
$300,  shall  hold  any  office  in  either  branch  of  the  legisla- 
tive assembly  or  become  a  member  thereof. 


STATE  OF  NORTH  DAKOTA 63 

§  38.  No  member  of  the  legislative  assembly  expelled 
for  corruption,  and  no  person  convicted  of  bribery,  perjury 
or  other  infamous  crime,  shall  be  eligible  to  the  legislative 
assembly,  or  to  any  ofiice  in  either  branch  thereof. 

§  39.  No  member  of  the  legislative  assembly  shall,  dur- 
ing the  term  for  which  he  was  elected,  be  appointed  or 
elected  to  any  civil  office  in  this  state,  which  shall  have 
been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  the  term  for  which  he  was  elected;  nor 
shall  any  member  receive  any  civil  appointment  from  the 
governor,  or  governor  and  senate,  during  the  term  for 
which  he  shall  have  been  elected. 

§  40.  If  any  person  elected  to  either  house  of  the  legis- 
lative assembly  shall  offer  or  promise  to  give  his  vote  or 
influence  in  favor  of  or  against  any  measures  or  proposi- 
tion pending  or  proposed  to  be  introduced  into  the  legisla- 
tive assembly,  in  consideration,  or  upon  conditions,  that 
any  other  person  elected  to  the  same  legislative  assembly 
will  give,  or  will  promise  or  assent  to  give,  his  vote  or  in- 
fluence in  favor  of  or  against  any  other  measure  or  propo- 
sition pending  or  proposed  to  be  introduced  into  such  legis- 
lative assembly,  the  person  making  such  offer  or  promise 
shall  be  deemed  guilty  of  solicitation  of  bribery.  If  anj' 
member  of  the  legislative  assembly  shall  give  his  vote  or 
influence  for  or  against  any  measure  or  proposition,  pend- 
ing or  proposed  to  be  introduced  into  such  legislative  as- 
sembly, or  offer,  promise  or  assent  so  to  do  upon  condition 
that  any  other  member  will  give,  promise  or  assent  to  give 
his  vote  or  influence  in  favor  of  or  against  any  other  meas- 
ure or  proposition  pending  or  proposed  to  be  introduced  in+.) 
such  legislative  assembly,  or  in  consideration  that  any  other 
member  hath  given  his  vote  or  influence  for  or  against  any 
other  measure  or  proposition  in  such  legislative  assembly, 
he  shall  be  deemed  guilty  of  bribery.  And  any  persoii, 
member  of  the  legislative  assembly  or  person  elected  there- 
to, who  shall  be  guilty  of  either  such  offenses,  shall  be  ex- 
pelled, and  shall  not  thereafter  be  eligible  to  the  legislative 
assembly,  and  on  the  conviction  thereof,  in  the  civil  courts 
shall  be  liable  to  such  further  penalty  as  may  be  prescribed 
by  law. 

§  41.  The  term  of  service  of  the  members  of  tide  legisla- 
tive assembly  shall  begin  on  the  first  Tuesday  in  January, 
next  after  their  election. 

§  42.  The  members  of  the  legislative  assembly  shall  in 
all  cases  except  treason,  felony  and  breach  of  the  peace,  be 
privileged  from  arrest  during  their  attendance  at  the  ses- 


64  ELECTION  LAWS 


sions  of  their  respective  houses,  and  in  going  to  or  return- 
ing from  the  same.  For  words  used  in  any  speech  or  de- 
bate in  either  house,  they  shall  not  be  questioned  in  any 
other  place. 

§  43.  Any  member  who  has  a  personal  or  private  in- 
terest in  any  measure  or  bill  proposed  or  pending  before 
the  legislative  assembly,  shall  disclose  the  fact  to  the  house 
of  which  he  is  a  member  and  shall  not  vote  thereon  withoul 
the  consent  of  the  house. 

§  44.  The  governor  shall  issue  writs  of  election  to  fill 
such  vacancies  as  may  occur  in  either  house  of  the  legisla- 
tive assembly. 

§  45.  Each  member  of  the  legislative  assembly  shall  re- 
ceive as  a  compensation  for  his  services  for  each  session, 
five  dollars  per  day,  and  ten  cents  for  every  mile  of  neces- 
sary travel  in  going  to  and  returning  from  the  place  of  the 
meeting  of  the  legislative  assembly  on  the  most  usual  route. 

§  46.  A  majority  of  the  members  of  each  house  shall 
constitute  a  quorum,  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of  absent 
members  in  such  a  manner  and  under  such  a  penalty  as 
may  be  prescribed  by  law. 

§  47.  Each  house  shall  be  the  judge  of  the  election  re- 
turns and  the  qualifications  of  its  own  members. 

§  48.  Each  hause  shall  have  the  power  to  determine  the 
rules  of  proceeding,  and  punish  its  members  or  other  per- 
sons for  contempt  or  disorderly  behavior  in  its  presence; 
to  protect  its  members  against  violence  or  offers  of  bribes 
or  private  solicitation,  and  with  the  concurrence  of  two- 
thirds,  to  expel  a  member;  and  shall  have  all  other  powers 
necessary  and  usual  in  the  legislative  assembly  of  a  free 
state.  But  no  imprisonment  by  either  house  shall  continue 
beyond  thirty  days.  Punishment  for  contempt  or  disordei- 
ly  behavior  shall  not  bar  a  criminal  prosecution  for  the 
same  offense. 

§  49.  Each  house  shall  keep  a  journal  of  its  proceed- 
ings, and  the  yeas  and  nays  on  any  question  shall  be  taken 
and  entered  on  the  journal  at  the  request  of  one-sixth  of 
those  present. 

§  50.  The  sessions  of  each  house  and  of  the  committee 
of  the  whole  shall  be  open  unless  the  business  is  such  as 
ought  to  be  kept  secret. 

§  51.  Neither  house  shall,  without  the  consent  of  thci 
other,  adjourn  for  more  than  three  days  nor  to  any  othe: 


STATE  OF  NORTH  DAKOTA 65 

place  than  that  in  which  the  two  houses  shall  be  sit- 
ting, except  in  the  case  of  epidemic,  pestilence  or  other 
great  danger. 

§  52.  The  senate  and  house  of  representatives  jointly 
shall  be  designated  as  the  legislative  assembly  of  the  state 
of  North  Dakota. 

§  53.  The  legislative  assembly  shall  meet  at  the  seat  o^ 
government  at  12  o'clock  noon  on  the  first  Tuesday  after 
the  first  Monday  in  January,  in  the  year  next  following  the 
election  of  the  members  thereof. 

§  54.     In  all  elections  to  be  made  by  the  legislative  as 
sembly,  or  either  house  thereof,  the  members  shall  vote 
viva  voce,  and  their  votes  shall  be  entered  in  the  journal. 

§  55.  The  sessions  of  the  legislative  assembly  shall  be 
biennial,  except  as  otherwise  provided  in  this  constitution. 

§  56.  No  regular  session  of  the  legislative  assembly 
shall  exceed  sixty  days,  except  in  case  of  impeachment,  but 
the  first  session  of  the  legislative  assembly  may  continue 
for  a  period  of  one  hundred  and  twenty  days. 

§  57.  Any  bill  may  originate  in  either  house  of  the  leg- 
islative assembly,  and  a  bill  passed  by  one  house  may  b  : 
amended  by  the  other. 

§  58.  No  law  shall  be  passed,  except  by  a  bill  adopted 
by  both  houses,  and  no  bill  shall  he  so  altered  and  amended 
on  its  passage  through  either  house  as  to  change  its  original 
purpose. 

§  59.  The  enacting  clause  of  every  law  shall  be  as  fol- 
lows: "Be  it  enacted  by  the  Legislative  Assembly  of  the 
State  of  North  Dakota." 

§  60.  No  bill  for  the  appropriation  of  money,  except  for 
the  expenses  of  the  government,  shall  be  introduced  after 
the  fortieth  day  of  the  session,  except  by  unanimous  con- 
sent of  the  house  in  which  it  is  sought  to  be  introduced. 

§  61.  No  bill  shall  embrace  more  than  one  subject,  whicli 
shall  be  expressed  in  its  title,  but  a  bill  which  violates  this 
provision  shall  be  invalidated  thereby  only  as  to  so  much 
thereof  as  shall  not  be  so  expressed. 

§  62.  The  general  appropriation  bill  shall  embrace 
nothing  but  appropriations  for  the  expenses  of  the  execu- 
tive, legislative  and  judicial  departments  of  the  state,  inter- 
est on  the  public  debt  and  for  public  schools.  All  other  ap- 
propriations shall  be  made  by  separate  bills,  each  embrac- 
ing but  one  subject. 


66  ELECTION  LAWS 


§  63.  Every  bill  shall  be  read  through  three  times,  but 
the  first  and  second  readings,  and  those  only,  may  be  upon 
the  same  day;  and  the  second  reading  may  be  by  title  of 
the  bill  unless  a  reading  at  length  be  demanded.  The  first 
and  third  readings  shall  be  at  length.  No  legislative  day 
shall  be  shorter  than  the  natural  day. 

§  64.  No  bill  shall  be  revised  or  amended,  nor  the  pro- 
visions thereof  extended  or  incorporated  in  any  other  bill 
by  reference  to  its  title  only,  but  so  much  thereof  as  is  re- 
vised, amended  or  extended  or  so  incorporated  shall  be  re- 
enacted  and  published  at  length. 

§  65.  No  bill  shall  become  a  law  except  by  a  vote  of  a 
majority  of  all  the  members-elect  in  each  house,  nor  unless, 
on  its  final  passage,  the  vote  be  taken  by  yeas  and  nays, 
and  the  names  of  those  voting  be  entered  on  the  journal. 

§  66.  The  presiding  officer  of  each  house  shall,  in  the 
presence  of  the  house  over  which  he  presides,  sign  all  bills 
and  joint  resolutions  passed  by  the  legislative  assembly; 
immediately  before  such  signing  their  title  shall  be  publicly 
read  and  the  fact  of  signing  shall  be  at  once  entered  on  the 
journal. 

§  67.  No  act  of  the  legislative  assembly  shall  take  effect 
until  July  1,  after  the  close  of  the  session,  unless  in  case  of 
emergency  (which  shall  be  expressed  in  the  preamble  or 
body  of  the  act)  the  legislative  assembly  shall,  by  a  vote  of 
two-thirds  of  all  the  members  present  in  each  house,  other- 
wise direct. 

§  68.     The    legislative    assembly    shall    pass    all    laws 
necessary  to  carry  into  effect  the  provisions  of  this  consti 
tution. 

§  69.  The  legislative  assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases,  that 
is  to  say: 

1.  For  granting  divorces. 

2.  Laying  out,  opening,  altering,  or  working  roads  or 
highways,  vacating  roads,  town  plats,  streets,  alleys  or  pub- 
lic grounds. 

3.  Locating  or  changing  county  seats. 

4.  Regulating  county  or  township  affairs. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Regulating  the  jurisdiction  and  duties  of  justices  of 
the  peace,  police  magistrates  or  constables. 

7.  Changing  the  rules  of  evidence  in  any  trial  or  inquiry. 


STATE  OF  NORTH  DAKOTA 67 

8.  Providing  for  changes  of  venue  in  civil  or  criminal 
cases. 

9.  Declaring  any  person  of  age. 

10.  For  limitation  of  civil  actions,  or  givng  effect  to  in 
formal  or  invalid  deeds. 

11.  Summoning  or  impaneling  grand  or  petit  juries. 

12.  Providing  for  the  management  of  common  schools. 

13.  Regulating  the  rate  of  interest  on  money. 

14.  The  opening  or  conducting  of  any  election  or  desig- 
nating the  place  of  voting. 

15.  The  sale  or  mortgage  of  real  estate  belonging  to 
minors  or  others  under  disability. 

16.  Chartering  or  licensing  ferries,  toll  bridges  or  toll 
roads. 

17.  Remitting  fines,  penalties  or  forfeitures. 

18.  Creating,  increasing  or  decreasing  fees,  percentages 
or  allowances  of  public  officers. 

19.  Changing  the  law  of  descent. 

20.  Granting  to  any  corporation,  association  or  individ- 
ual the  right  to  lay  down  railroad  tracks  or  any  special  or 
exclusive  privilege,  immunity  or  franchise  whatever. 

21.  For  the  punishment  of  crimes. 

22.  Changing  the  names  of  persons  or  places. 

23.  For  the  assessment  or  collection  of  taxes. 

24.  Affecting  estates  of  deceased  persons,  minors  or 
others  under  legal  disability. 

25.  Extending  the  time  for  collection  of  taxes. 

26.  Refunding  money  into  the  state  treasury. 

27.  Relinquishing  or  extinguishing  in  whole  or  in  part  the 
indebtedness,  liability  or  obligation  of  any  corporation  or 
person  to  this  state  or  to  any  municipal  corporation  therein. 

28.  Legalizing,  except  as  against  the  state,  the  unauth- 
orized or  invalid  act  of  any  officer. 

29.  Exempting  property  from  taxation.  ^'"^ 

30.  Restoring  to  citizenship  persons  convicted  of  infam- 
ous crimes. 

31.  Authorizing  the  creation,  extension  or  impairing  of 
liens. 

32.  Creating  offices,  or  prescribing  the  powers  or  duties 
of  officers  in  counties,  cities,  townships,  election  or  school 
districts,  or  authorizing  the  adoption  or  legitimation  of  chil- 
dren. 


68  ELECTION  LAWS 


33.  Incorporation  of  cities,  town  or  villages,  or  changing 
or  amending  the  charter  of  any  town,  city  or  village. 

34.  Providing  for  the  election  of  members  of  the  board  of 
supervisors  in  townships,  incorporated  towns  or  cities. 

35.  The  protection  of  game  or  fish  . 

§  70.  In  all  other  cases  where  a  general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted;  nor  shall  the  leg- 
islative assembly  indirectly  enact  such  special  or  local  law 
by  the  partial  repeal  of  a  general  law,  but  laws  repealing  lo- 
cal or  special  acts  may  be  passed 

ARTICLE  III. — Executive  Department. 

§  71.  The  executive  power  shall  be  vested  in  a  governor, 
who  shall  reside  at  the  seat  of  government  and  shall  hold  his 
office  for  the  term  of  two  years  and  until  his  successor  is 
elected  and  duly  qualified. 

§  72.  A  lieutenant  governor  shall  be  elected  at  the  same 
time  and  for  the  same  term  as  the  governor.  In  case  of  the 
death,  impeachment,  resignation,  failure  to  qualify,  absence 
from  the  state,  removal  from  office,  or  the  disability  of  the 
governor,  the  powers  and  duties  of  the  office,  for  the  residue 
of  the  term,  or  until  he  shall  be  acquitted  or  the  disability  re- 
moved,  shall  devolve  upon  the  lieutenant  governor. 

§  73.  No  person  shall  be  eligible  to  the  office  of  governor 
or  lieutenant  governor  unless  he  be  a  citizen  of  the  United 
States,  and  a  qualified  elector  of  the  state,  who  shall  have 
attained  the  age  of  thirty  years,  and  who  shall  have  resided 
five  years  next  preceding  the  election  within  the  state  of  ter- 
ritory, nor  shall  he  be  eligible  to  any  other  office  during  the 
term  for  which  he  shall  have  been  elected. 

§  74.  The  governor  and  lieutenant  governor  shall  be 
elected  by  the  qualified  electors  for  the  state  at  the  time  and 
places  of  chosing  members  of  the  legislative  assembly.  The 
persons  having  the  highest  number  of  votes  for  governor  and 
lieutenant  governor  respectively  shall  be  declared  elected, 
but  if  two  ore  more  shall  have  an  equal  and  highest  number 
of  votes  for  governor  or  lieutenant  governor,  the  two  houses 
of  the  legislative  assembly  at  its  next  regular  session  shall 
forthwith,  by  joint  ballot,  choose  one  of  such  persons  for  said 
office.  The  returns  of  the  election  for  governor  and  lieuten- 
ant governor  shall  be  made  in  such  manner  as  shall  be  pre- 
scribed by  law. 

§  75.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state,  except  when  they  shall 


STATE  OF  NORTH  DAKOTA 69 

be  called  into  the  service  of  the  United  States,  and  may  call 
out  the  same  to  execute  the  laws,  suppress  insurrection  and 
repel  invasion.  He  shall  have  power  to  convene  the  legisla- 
tive sasembly  on  extraordinary  occassions.  He  shall  at  the 
commencement  of  each  session  communicate  to  the  legisla- 
tive assembly  on  extraordinary  occassions.  He  shall  at  the 
the  state,  and  recommend  such  measures  as  he  shall  deem 
expedient.  He  shall  transact  all  necessary  business  with  the 
officers  of  the  government,  civil  and  military.  He  shall  ex- 
pedite all  such  measures  as  may  be  resolved  upon  by  the 
legislative  assembly  and  shall  take  care  that  the  laws  be 
faithfully  executed. 

Note — This  section  amended  by  Article  3,  Amendments  to  the  con- 
stitution. 

§  76.  The  governor  shall  have  power  to  remit  fines  and 
forfeitures,  to  grant  reprieve,  commutations  and  pardons 
after  conviction,  for  all  offenses  except  treason  and  cases  of 
impeachment;  but  the  legislative  assembly  may  by  law  regu- 
late the  manner  in  which  the  remission  of  fines,  pardons, 
commutations  and  reprieves  may  be  applied  for.  Upon  con- 
viction for  treason  he  shall  have  power  to  suspend  the  execu- 
tion of  sentence  until  the  case  shall  be  reported  to  the  legis- 
lative assembly  at  its  next  regular  session,  when  the  legisla- 
tive assembly  shall  either  pardon  or  commute  the  sentence, 
direct  the  execution  of  the  sentence  or  grant  further  reprieve. 
He  shall  communicate  to  the  legislative  assembly  at  each 
regular  session  each  case  of  remission  of  fine,  reprieve,,  com- 
mutation, or  pardon  granted  by  him,  stating  the  name  of  the 
convict,  the  crime  for  which  he  is  convicted,  the  sentence 
and  its  date,  and  the  date  of  the  remission,  commutation, 
pardon  or  reprieve,  with  his  reasons  for  granting  the  same. 

§  77.  The  lieutenant  governor  shall  be  president  of  the 
senate,  but  shall  have  no  vote  unless  they  be  equally  divid- 
ed. If,  during  a  vacancy  in  the  office  of  governor,  the  lieu- 
tenant governor  shall  be  impeached,  displaced,  resign  or  die, 
or  from  mental  or  physical  disease,  or  otherwise  become  in- 
capable of  performing  the  duties  of  his  office,  the  secretary 
of  state  shall  act  as  governor  until  the  vacancy  shall  be  filled 
or  the  disability  removed. 

§  78.  When  any  office  shall  from  any  cause  become 
vacant  and  no  mode  is  provided  by  the  constitution  or  law 
for  filling  such  vacancy,  tlie  governor  shall  have  powcL' 
to  fill  such  vacancy  by  appointment. 

§  79.  Every  bill  which  shall  have  passed  the  legislative 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the 
governor.    If  he  approve,  he  shall  sign,  but  if  not,  he  shall 


70  ELECTION  LAWS 


return  it  with  his  objections,  to  the  house  in  which  it  orig- 
inated, which  shall  enter  the  objections  at  large  upon  the 
journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  the  members-elect  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  it  be  approved  by  two-thirds  of  the  members-elect,  it 
shall  become  a  law;  but  in  all  such  cases  the  vote  of  both 
houses  shall  be  determined  by  the  yeas  and  nays,  and  the 
names  of  the  members  voting  for  and  against  the  bill  shall 
be  entered  upon  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  governor  within  three 
days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law  unless  the  legislative  assem- 
bly, by  its  adjournment,  prevent  its  return,  in  which  case  it 
shall  be  law  unless  he  shall  file  the  same  with  his  objections 
in  the  office  of  the  secretary  of  state  within  fifteen  days  after 
such  adjournment. 

§  80.  The  governor  shall  have  power  to  disapprove  of  any 
item  or  items  or  part  or  parts  of  any  bill  making  appropria- 
tons  of  money  or  property  embracing  distinct  items,  and  the 
part  or  parts  of  the  bill  approved  shall  be  the  law,  and  the 
item  or  items  and  part  or  parts  disapproved  shall  be  void, 
unless  enacted  in  the  following  manner:  If  the  legislative 
assembly  be  in  session  he  shall  transmit  to  the  house  in 
which  the  bill  originated  a  copy  of  the  item  or  items,  or  part 
or  parts  thereof  disapproved,  together  with  his  objections 
thereto,  and  the  items  or  parts  objected  to  shall  be  separately 
reconsidered,  and  each  item  or  part  shall  then  take  the  same 
course  as  is  prescribed  for  the  passage  of  bills  over  the  exe- 
cutive veto. 

§  81.  Any  governor  of  this  state  who  asks,  receives  or 
agrees  to  receive,  any  bribe  upon  any  understanding  that  his 
official  opinon,  judgment  or  action,  shall  be  influenced  there- 
by, or  who  gives  or  offers,  or  promises  his  official  influence 
in  consideration  that  any  member  of  the  legislative  assembly 
shall  give  his  official  vote  or  inffuence  on  any  particular  side 
of  any  question  or  matter  upon  which  he  may  be  required  to 
act  in  his  official  capacity,  or  who  menaces  any  member  by 
the  threatened  use  of  his  veto  power,  or  who  offers  or  prom- 
ises any  member  that  he,  the  said  governor  will  appoint  any 
particular  person  or  persons  to  any  office  created  or  there- 
after to  be  created,  in  consideration  that  any  member  shall 
give  his  official  vote  or  influence  on  any  matter  pending  or 
thereafter  to  be  introduced  into  either  house  of  said  legisla- 
tive assembly,  or  who  threatens  any  member  that  he,  the  said 
position  with  intent  in  any  manner  to  influence  the  action  oi 


STATE  OF  NORTH  DAKOTA 71 

said  member,  shall  be  punished  in  the  manner  now,  or  that 
may  hereafter,  be  provided  by  law,  and  upon  conviction 
thereof  shall  forfeit  all  right  to  hold  or  exercise  any  office  of 
trust  or  honor  in  this  state. 

§  82.  There  shall  be  chosen  by  the  qualified  electors  of 
the  state,  at  the  times  and  places  of  choosing  members  of 
the  legislative  assembly,  a  secretary  of  state,  auditor,  treas- 
urer, superintendent  of  public  instruction,  commissioner 
of  insurance,  three  commissioners  of  railroads,  an  attorney 
general  and  one  commissioner  of  agriculture  and  labor, 
who  shall  have  attained  the  age  of  twenty-five  years,  shall 
be  citizens  of  the  United  States,  and  shall  have  the  qualifi- 
cations of  state  electors.  They  shall  severally  hold  their 
offices  at  the  seat  of  government,  for  the  term  of  two  years 
and  until  their  successors  are  elected  and  duly  qualified, 
but  no  person  shall  be  eligible  to  the  office  of  treasurer  for 
more  than  two  consecutive  terms. 

§  83.  The  powers  and  duties  of  the  secretary  of  state, 
auditor,  treasurer,  superintendent  of  public  instruction, 
commissioner  of  insurance,  commissioners  of  railroads, 
attorney  general  and  commissioner  of  agriculture  and  labor 
shall  be  as  prescribed  by  law. 

§  84.  Until  otherwise  provided  by  law,  the  governor  shall 
receive  an  annual  salary  of  three  thousand  dollars;  the 
lieutenant  governor  shall  receive  an  annual  salary  of  one 
thousand  dollars;  the  secretary  of  state,  auditor,  treasurer, 
superintendent  of  public  instruction,  commissioner  of  in- 
surance, commissioners  of  railroads,  and  attorney  general 
shall  each  receive  an  annual  salary  of  two  thousand  dollars; 
the  salary  of  the  commissioner  of  agriculture  and  labor  shall 
be  as  prescribed  by  law,  but  the  salaries  of  any  of  the  said 
officers  shall  not  be  increased  or  diminished  during  the 
period  for  which  they  shall  have  been  elected,  and  all  fees 
and  profits  arising  from  any  of  the  said  offices  shall  be  cov- 
ered into  the  state  treasury. 

ARTICLE  IV. — Judicial  Department. 

§  85.  The  judicial  power  of  the  state  of  North  Dakota 
shall  be  vested  in  a  supreme  court,  district  courts,  county 
courts,  justices  of  the  peace,  and  in  such  other  courts  as 
may  be  created  by  law  for  cities,  incorporated  towns  and 
villages. 

§  86.  The  supreme  court,  except  as  otherwise  provided 
in  this  constitution,  shall  have  appellate  jurisdiction  only, 
which  shall  be  co-extensive  with  the  state  and  shall  have  a 


72  ELECTION  LAWS 


general  superintending  control  over  all  inferior  courts  un- 
der such  regulations  and  limitations  as  may  be  prescribed 
by  law. 

§  87.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunction  and  such 
other  original  and  remedial  writs  as  may  be  necessary  to 
the  proper  exercise  of  its  jurisdiction,  and  shall  have  au- 
thority to  hear  and  determine  the  same;  provided,  however, 
that  no  jury  trial  shall  be  allowed  in  said  supreme  court,  but 
in  proper  cases  questions  of  fact  may  be  sent  by  said  court  to 
a  district  court  for  trial. 

§  88.  Until  otherwise  provided  by  law  three  terms  of 
the  supreme  court  shall  be  held  each  year,  one  at  the  seat 
of  government,  one  at  Fargo  in  the  County  of  Cass,  and  one 
at  Grand  Forks,  in  the  County  of  Grand  Forks. 

Note — Under  the  provisions  of  an  act  of  the  legislature  of  1909,  two 
general  terms  of  the  supreme  court  shall  be  held  at  the  seat  of 
government,  to  be  known  as  the  April  and  October  terms,  and  only- 
special  terms  will  be  held  at  cities  other  than  Bismarck  upon  twenty- 
days  previous  published  notice. 

§  89.  The  supreme  court  shall  consist  of  three  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quorum  or 
pronounce  a  decision,  but  one  or  more  of  said  judges  ma)" 
adjourn  the  court  from  day  to  day  or  to  a  day  certain. 

Note: — Five  judges  provided  for  by  amendment  adopted 
1908. 

§  90.  The  judges  of  the  supreme  court  shall  be  elected 
by  the  qualified  electors  of  the  state  at  large,  and  except  as 
may  be  otherwise  provided  herein  for  the  first  election  for 
judges  under  this  constitution,  said  judges  shall  be  elected 
at  general  elections. 

§  91.  The  term  of  office  of  the  judges  of  the  supreme 
court  except  as  in  this  article  otherwise  provided,  shall  be 
six  years,  and  they  shall  hold  their  offices  until  their  suc- 
cessors are  duly  qualified. 

§  92.  The  judges  of  the  supreme  court  shall,  immedi- 
ately after  the  first  election  under  this  constitution,  be  classi- 
fied by  lot  so  that  one  shall  hold  his  office  for  the  term  of 
three  years,  one  for  the  term  of  five  years,  and  one  for  the 
term  of  seven  years  from  the  first  Monday  in  December,  \. 
D.  1889.  The  lots  shall  be  drawn  by  the  judges,  who  shall 
for  that  purpose  assemble  at  the  seat  of  government,  and 
they  shall  cause  the  result  thereof  to  be  certified  to  the  sec- 
retary of  state  of  the  territory  and  filed  in  his  office,  unless 
the  secretary  of  state  of  North  Dakota  shall  have  entered 


STATE  OF  NORTH  DAKOTA 73 

upon  the  duties  of  his  office,  in  which  event  said  certifica- 
tion shall  be  filed  therein.  The  judge  having  the  shortest 
term  to  serve,  not  holding  his  office  by  election  or  appoint- 
ment to  fill  a  vacancy,  shall  be  chief  justice  and  shall  pre- 
side at  all  terms  of  the  supreme  court,  and  in  case  of  his 
absence  the  judge  having  in  like  manner  the  next  shortest 
term  to  serve  shall  preside  in  his  stead. 

§  93.  There  shall  be  a  clerk  and  also  a  reporter  of  the 
supreme  court,  v^ho  shall  be  appointed  by  the  judges  thereof, 
and  who  shall  hold  their  offices  during  the  pleasure  of  said 
judges,  and  whose  duty  and  emoluments  shall  be  pre- 
scribed by  law  and  by  rules  of  the  supreme  court  not  in- 
consistent with  law.  The  legislative  assembly  shall  make 
provision  for  the  publication  and  distribution  of  the  decis- 
ions of  the  supreme  court  and  for  the  sale  of  the  published 
volumes  thereof. 

§  94.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  supreme  court  unless  he  be  learned  in  the  law,  be  at  least 
thirty  years  of  age  and  a  citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  this  state  or  the  territory  of 
Dakota  three  years  next  preceding  his  election. 

§  95.  Whenever  the  population  of  the  state  of  North  Da- 
kota shall  equal  600,000  the  legislative  assembly  shall  have 
the  power  to  increase  the  number  of  the  judges  of  the  su- 
preme couft  to  five,  in  which  event  a  majority  of  said  court, 
as  thus  increased,  shall  constitute  a  quorum. 

Note — See  Amendments,  Article  X. 

§  96.  No  duties  shall  be  imposed  by  law  upon  the  su- 
preme court  or  any  of  the  judges  thereof,  except  such  as  arc- 
judicial,  nor  shall  any  of  the  judges  thereof  exercise  any 
power  of  appointment  except  as  herein  provided. 

§  97.  The  style  of  all  process  shall  be  "The  State  of 
North  Dakota."  All  prosecutions  shall  be  carried  on  in  the 
name  and  by  the  authority  of  the  State  of  North  Dakot  i. 
and  conclude  "against  the  peace  and  dignity  of  the  State  of 
North  Dakota." 

§  98.  Any  vacancy  happening  by  death,  resignation  or 
otherwise  in  the  office  of  judge  of  the  supreme  court  shall 
be  filled  by  appointment,  by  the  governor,  which  appoint- 
ment shall  continue  until  the  first  general  election  there- 
after, when  said  vacancy  shall  be  filled  by  election. 

§  99.  The  judges  of  the  supreme  and  district  cour+s 
shall  receive  such  compensation  for  their  services  as  may 
be  prescribed  by  law,  which  compensation  shall  not  be  in- 


74  ELECTION  LAWS 


creased  or  diminished  during  the  term  for  which  a  judgi 
shall  have  been  elected. 

§  100.  In  case  a  judge  of  the  supreme  court  shall  be  hi 
any  way  interested  in  a  cause  brought  before  said  court  the 
remaining  judges  of  said  court  shall  call  one  of  the  district 
judges  to  sit  with  them  in  the  hearing  of  said  cause. 

§  101.  When  a  judgment  or  decree  is  reversed  or  con- 
firmed by  the  supreme  court  every  point  fairly  arising  up- 
on the  record  of  the  case  shall  be  considered  and  decided, 
and  the  reasons  therefor  shall  be  concisely  stated  in  writing, 
signed  by  the  judges  concurring,  filed  in  the  office  of  the 
clerk  of  the  supreme  court,  and  preserved  with  a  record  of 
the  case.  Any  judge  dissenting  therefrom  may  give  tfie 
reasons  of  his  dissent  in  writing  over  his  signature. 

§  102.  It  shall  be  the  duty  of  the  court  to  prepare  a  syl- 
labus of  the  points  adjudicated  in  each  case,  which  shall  be 
concured  in  by  a  majority  of  the  judges  thereof,  and  it  shall 
be  prefixed  to  the  published  reports  of  the  case. 

§  103.  The  district  courts  shall  have  original  jurisdic- 
tion, except  as  otherwise  provided  in  this  constituion,  of  all 
causes  both  at  law  and  equity,  and  such  appellate  jurisdic- 
tion as  may  be  conferred  by  law.  They  and  the  judges 
thereof  shall  also  have  jurisdiction  and  power  to  issue  writs 
of  habeas  corpus,  quo  warranto,  certiorari,  injunction  and 
other  original  and  remedial  writs,  with  authority  to  hear 
and  determine  the  same. 

§  ,104.  The  state  shall  be  divided  into  six  judicial  dis- 
tricts, in  each  of  which  there  shall  be  elected  at  general 
elections  by  the  electors  thereof  one  judge  of  the  district 
court  therein  whose  term  of  office  shall  be  four  years  from 
the  first  Monday  in  January  succeeding  his  election  and  un- 
til his  successor  is  duly  qualified.  This  section  shall  not  be 
construed  as  governing  the  first  election  of  district  judges 
under  this  constituion. 

§  105.  Until  otherwise  providea  by  law,  said  districts 
shall  be  constituted  as  follows: 

District  No.  1  shall  consist  of  the  counties  of  Pembina, 
Cavalier,  Walsh,  Nelson  and  Grand  Forks. 

District  No.  2  shall  consist  of  the  counties  of  Ramsey, 
Towner,  Benson,  Pierce,  Rolette,  Bottineau,  McHenr5% 
Church,  Renville,  Ward,  Stevens,  Mountraill,  Garfield, 
Flannery  and  Buford. 

District  No.  3  shall  consist  of  the  counties  of  Cass,  Steele 
and  Traill. 


STATE  OF  NORTH  DAKOTA 75 

District  No.  4  shall  consist  of  the  counties  of  Richland, 
Ransom,  Sargent,  Dickey  and  Mcintosh. 

District  No.  5  shall  consist  of  the  counties  of  Logan,  La 
Moure,  Stutsman,  Barnes,  Wells,  Foster,  Eddy  and  Griggs. 

District  No.  6  shall  consist  of  the  counties  of  Burleigh, 
Emmons,  Kidder,  Sheridan,  McLean,  Morton,  Oliver,  Mer- 
cer, Williams,  Stark,  Hettinger,  Bowman,  Billings  McKen- 
zie,  Dunn,  Wallace  and  Allred,  and  that  portion  of  the 
Sioux  Indian  reservation  lying  north  of  the  seventh  stand- 
ing parallel. 

Note — The  first  district  now  comprises  the  counties  of  Grand  Forks 
and  Nelson;  the  second  district  comprises  the  counties  of  Benson, 
Eddy,  Ramsey,  Rolette  and  Towner;  the  third  district  comprises  the 
counties  of  Cass,  Steele  and  Traill;  the  fourth  district  comprises  the 
counties  of  Dickey,  Mcintosh,  Ransom,  Richland  and  Sargent;  the 
fifth  district  comprises  the  counties  of  Barnes,  Foster,  Griggs,  La- 
Moure,  Stutsman  and  Wells;  the  sixth  district  comprises  the  coun- 
ties of  Burleigh,  Emmons,  Kidder,  Logan,  McLean  and  Sheridan; 
the  seventh  district  comprises  the  counties  of  Cavalier,  Pembina 
and  Walsh;  the  eighth  district  comprises  the  counties  of  Burke, 
Divide,  Renville  and  Ward;  the  ninth  district  comprises  the  coun- 
ties of  Bottineau,  McHenry  and  Pierce;  the  tenth  district  comprises 
the  counties  of  Adams,  Billings,  Bowman,  Dunn,  Golden  Valley, 
Hettinger  and  Stark;  the  eleventh  district  comprises  the  counties 
of  Mountrail,  McKenzie  and  Williams;  the  twelfth  district  com- 
prises the  counties  of  Mercer,  Morton  and  Oliver. 

§  106.  The  legislative  assembly  may,  whenever  two- 
thirds  of  the  members  of  each  house  shall  concur  therein, 
but  not  oftener  than  once  in  four  years,  increase  the  number 
of  said  judicial  districts  and  the  judges  thereof;  such  districts 
shall  be  formed  from  compact  territory  and  bounded  by 
county  lines,  but  such  increase  or  change  in  the  boundaries 
of  the  districts  shall  not  work  the  removal  of  any  judgti 
from  his  oflice  during  the  term  for  which  he  may  have  been 
elected  or  appointed. 

§  107.  No  person  shall  be  eligible  to  the  office  of  district 
judge,  unless  he  be  learned  in  the  law,  be  at  least  twenty- 
five  years  of  age,  and  a  citizen  of  the  United  States,  nor  un- 
less he  shall  have  resided  within  the  state  or  territory  of 
Dakota  at  least  two  years  next  preceding  his  election,  nor 
unless  he  shall  at  the  time  of  his  election  be  an  elector  with- 
in the  judicial  district  for  which  he  is  elected. 

§  108.  There  shall  be  a  clerk  of  the  district  court  in  each 
organized  county  in  which  a  court  is  holden  who  shall  be 
elected  by  the  qualified  electors  of  the  county,  and  shall 
hold  his  office  for  the  same  term  as  other  county  officers. 
He  shall  receive  such  compensation  for  his  services  as  may 
be  prescribed  by  law. 


76  ELECTION  LAWS 


§  109.  Writs  of  error  and  appeals  may  be  allowed  froiri 
the  decisions  of  the  district  courts  to  the  supreme  court  un- 
der such  regulations  as  may  be  prescribed  by  law. 

COUNTY    COURTS. 

§  110.  There  shall  be  established  in  each  county  a  county 
court  which  shall  be  a  court  of  record,  open  at  all  times 
and  holden  by  one  judge,  elected  by  the  electors  of  the 
county,  and  whose  term  of  office  shall  be  two  years. 

§  111.  The  county  court  shall  have  exclusive  original  jur- 
isdiction in  probate  and  testamentary  matters,  the  appoint- 
ment of  administrators  and  guardians,  the  settlement  of  tlvi 
accounts  of  executors,  administrators  and  guardians,  the  sale 
of  lands,  by  executors,  administrators  and  guardians,  and 
such  other  probate  jurisdiction  as  may  be  conferred  by 
law;  provided,  that  whenever  the  voters  of  any  county  hav- 
ing a  population  of  2,000  or  over  shall  decide  by  a  majorit}^ 
vote  that  they  desire  the  jurisdiction  of  said  court  increased 
above  that  limited  by  this  constitution,  then  said  county 
court  shall  have  concurrent  jurisdiction  with  the  district 
courts  in  all  civil  actions  where  the  amount  in  controversy 
does  not  exceed  $1,000,  and  in  all  criminal  actions  below 
the  grade  of  felony,  and  in  case  it  is  decided  by  the  voter:> 
of  any  county  to  so  increase  the  jurisdiction  of  said  county 
court,  the  jurisdiction  in  cases  of  misdemeanors  arising  un- 
der state  laws  which  may  have  been  conferred  upon  police 
magistrates  shall  cease.  The  qualifications  of  the  judge  of 
the  county  court  in  counties  where  the  jurisdiction  of  said 
court  shall  have  been  increased  shall  be  the  same  as  those 
of  the  district  judge,  except  that  he  shall  be  a  resident  of 
the  county  at  the  time  of  his  election,  and  said  county  judge 
shall  receive  such  salary  for  his  services  as  may  be  provid  • 
ed  by  law.  In  case  the  voters  of  any  county  decide  to  in- 
crease the  jurisdiction  of  said  county  courts,  then  such 
jurisdiction  as  thus  increased  shall  remain  until  otherwise 
provided  by  law. 

JUSTICES    OF    THE    PEACE. 

§  112.  The  legislative  assembly  shall  provide  by  law  for 
the  election  of  justices  of  the  peace  in  each  organized  county 
within  the  state.  But  the  number  of  said  justices  to  be 
elected  in  each  organized  county  shall  be  limited  by  law  to 
such  a  number  as  shall  be  necessary  for  the  proper  admin- 
istration of  justices.  The  justices  of  the  peace  herein  pro- 
vided for  shall  have  concurrent  jurisdiction  with  the  dis- 
trict court  in  all  civil  actions  when  the  amount  in  contro- 
versy, exclusive  of  costs,  does  not  exceed  $200,  and  in  coun- 


STATE  OF  NORTH  DAKOTA 77 

ties  where  no  county  court  with  criminal  jurisdiction  exists 
they  shall  have  such  jurisdiction  to  hear  and  determine 
cases  of  misdemeanor  as  may  be  provided  by  law,  but  in 
no  case  shall  said  justices  of  the  peace  have  jurisdiction 
when  the  boundaries  of  or  title  to  real  estate  shall  come  in 
question.  The  legislative  assembly  shall  have  power  to 
abolish  the  office  of  justice  of  the  peace  and  confer  that 
jurisdiction  upon  judges  of  county  courts  or  elsewhere. 

POLICE   MAGISTRATES. 

§  113.  The  legislative  assembly  shall  provide  by  law  for 
the  election  of  police  magistrates  in  cities,  incorporated 
towns  and  villages,  who  in  addition  to  their  jurisdictbn  of 
all  cases  arising  under  the  ordinances  of  said  cities,  towns 
and  villages,  shall  be  ex-oflicio  justices  of  the  peace  of  the 
county  in  which  said  cities,  towns  and  villages  may  be  lo- 
cated. And  the  legislative  assembly  may  confer  upon  said 
police  magistrates  the  jurisdiction  to  hear,  try  and  deter- 
mine all  cases  of  misdemeanors,  and  the  prosecutions 
therein  shall  be  by  information. 

§  114.  Appeals  shall  lie  from  the  county  court,  final  de- 
cisions of  justices  of  the  peace  and  police  magistrates  in 
such  cases  and  pursuant  to  such  regulations  as  may  be  pre- 
scribed by  law. 

MISCELLANEOUS   PROVISIONS. 

§  115.  The  time  of  holding  courts  in  the  several  counties 
of  a  district  shall  be  as  prescribed  by  law,  but  at  least  two 
terms  of  the  district  court  shall  be  held  annually  in  each 
organized  county,  and  the  legislative  assembly  shall  make 
provisions  for  attaching  unorganized  counties  or  territories 
to  organized  counties  for  judicial  purposes. 

§  116.  Judges  of  the  district  courts  may  hold  court  ia 
other  districts  than  their  own  under  such  regulations  as 
shall  be  prescribed  by  law. 

§  117.  No  judge  of  the  supreme  or  district  court  shall 
act  as  attorney  or  counselor  at  law. 

§  118.  Until  the  legislative  assembly  shall  provide  by 
law  for  fixing  the  terms  of  court,  the  judges  of  the  supreme 
and  district  courts  shall  fix  the  terms  thereof. 

§  119.  No  judge  of  the  supreme  or  district  courts  shall 
be  elected  or  appointed  to  any  other  than  judicial  offices 
or  be  eligible  thereto  during  the  term  for  which  he  was 
elected  or  appointed  such  judge.       All  votes  or  appoint- 


78  ELECTION  LAWS 


ments  for  either  of  them  for  any  elective  or  appointive 
office  except  that  of  judge  of  the  supreme  court,  or  district 
court,  given  by  the  legislative  assembly  or  the  people,  shall 
be  void. 

§  120.  Tribunals  of  conciliation  may  be  established  with 
such  powers  and  duties  as  shall  be  prescribed  by  law  or 
the  powers  and  duties  of  such  may  be  conferred  upon  other 
courts  of  justice;  but  such  tribunals  or  other  courts  when 
sitting  as  such  shall  have  no  power  to  render  judgment  to 
be  obligatory  on  the  parties,  unless  they  voluntarily  sub- 
mit their  matters  of  difference  and  agree  to  abide  the  judg- 
ment of  such  tribunals  or  courts. 


ARTICLE  v.— Elective  Franchise. 

§  121.  Every  male  person  of  the  age  of  twenty-one  years 
or  upwards  belonging  to  either  of  the  following  classe;=J, 
who  shall  have  resided  in  the  state  one  year,  in  the  county 
six  months  and  in  the  precinct  ninety  days  next  preceding 
any  election,  shall  be  deemed  a  qualified  elector  at  such 
election : 

First.     Citizens  of  the  United  States. 

Second.  Persons  of  foreign  birth  who  shall  have  declared 
their  intention  to  become  citizens  one  year  and  not  more 
than  six  years  prior  to  such  election,  conformably  to  the 
naturalization  laws  of  the  United  States. 

Third.  Civilized  persons  of  Indian  descent  who  shall 
have  severed  their  tribal  relations  two  years  next  preceding!; 
such  election. 

Note — This  section  amended  by  Article  2,  amendments  to  the  con- 
stitution. 

§  122.  The  legislative  assembly  shall  be  empowered  tj 
make  further  extensions  of  suffrage  hereafter,  at  its  discre- 
tion, to  all  citizens  of  mature  age  and  sound  mind,  not  con- 
victed of  crime,  without  regard  to  sex;  but  no  law  extend- 
ing or  restricting  the  right  of  suffrage  shall  be  in  force  until 
adopted  by  a  majority  of  the  electors  of  the  state  voting  at 
a  general  election. 

§  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal  voting,  be  privileged  from  ar-. 
rest  on  the  days  of  election  during  their  attendance  at,  going 
to  and  returning  from  such  election,  and  no  elector  shall  be 
obliged  to  perform  military  duty  on  the  day  of  election, 
except  in  time  of  war  or  public  danger. 


STATE  OF  NORTH  DAKOTA 79 

§  124.  The  general  elections  of  the  state  shall  be  biennial, 
and  shall  be  held  on  the  first  Tuesday  after  the  first  Monday 
in  November;  provided,  that  the  first  general  election  un- 
der this  constitution  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November,  A.  D.  1890. 

§  125.  No  elector  shall  be  deemed  to  have  lost  his  resi- 
dence in  this  state  by  reason  of  his  absence  on  business  of 
the  United  States  or  of  this  state  or  in  the  military  or  naval 
service  of  the  United  States. 

§  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy 
of  the  United  States  shall  be  deemed  a  resident  of  this  state 
in  consequence  of  his  being  stationed  therein. 

§  127.  No  person  v^ho  is  under  guardianship,  non  com- 
pos mentis,  or  insane,  shall  be  qualified  to  vote  at  any  elec- 
tion, nor  shall  any  person  convicted  of  treason  or  felony, 
unless  restored  to  civil  rights. 

Note — This  section  amended  by  Article  2,  amendments  to  the  con- 
stitution. 

§  128.  Any  woman  having  the  qualifications  enumerat- 
ed in  section  121  of  this  article,  as  to  age,  residence  and 
citizenship,  and  including  those  now  qualified  by  the  laws 
of  the  territory,  may  vote  for  all  school  officers,  and  upon 
all  questions  pertaining  solely  to  school  matters,  and  be 
eligible  to  any  school  office. 

§  129.  All  elections  by  the  people  shall  be  by  secret  bal- 
lot subject  to  such  regulations  as  shall  be  provided  by  law. 

ARTICLE  VI. — Municipal  Corporations. 

§  130.  The  legislative  assembly  shall  provide  by  general 
law  for  the  organization  of  municipal  corporations,  restrict- 
ing their  powers  as  to  levying  taxes  and  assessments,  bor- 
rowing money  and  contracting  debts;  and  money  raised  by 
taxation,  loan  or  assessment  for  any  purpose  shall  not  be 
diverted  to  any  other  purpose  except  by  authority  of  law. 

ARTICLE  VII. — Corporations  Other  Than  Municipal. 

§  131.  No  charter  of  incorporation  shall  be  granted, 
changed  or  amended  by  special  law,  except  in  the  case  of 
such  municipal,  charitable,  educational,  penal  or  reforma- 
tory corporations  as  may  be  under  the  control  of  the  state; 
but  the  legislative  assembly  shall  provide  by  general  laws 
for  the  organization  of  all  corporations  hereafter  to  be 
created,  and  any  such  law,  so  passed,  shall  be  subject  to 
future  repeal  or  alteration. 


80  ELECTION  LAWS 


§  132.  All  existing  charters  or  grants  of  special  or  ex- 
clusive privileges,  under  which  a  bona  fide  organization 
shall  not  have  taken  place  and  business  been  commenced 
in  good  faith  at  the  time  this  constitution  takes  effect,  shall 
thereafter  have  no  validity. 

§  133.  The  legislative  assembly  shall  not  remit  the  for- 
feiture of  the  charter  to  any  corporation  now  existing,  nor 
alter  or  amend  the  same,  nor  pass  any  other  general  or 
special  law  for  the  benefit  of  such  corporation,  except  upon 
the  condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  constitution. 

§  134.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged,  or  so  construed  as  to  prevent  the  legis- 
lative assembly  from  taking  the  property  and  franchises 
of  incorporated  companies  and  subjecting  them  to  public 
use,  the  same  as  the  property  of  individuals;  and  the  exer- 
cise of  the  police  power  of  this  state  shall  never  be  abridged, 
or  so  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  a  manner  as  to  infringe  the  equal  rights  of 
individuals,  or  the  general  well  being  of  the  state. 

§  135.  In  all  elections  for  directors  or  managers  of  a 
corporation,  each  member  of  shareholder  may  cast  the 
whole  number  of  his  votes  for  one  candidate,  or  distribute 
them  upon  two  or  more  candiates,  as  he  may  prefer. 

§  136.  No  foreign  corporation  shall  do  business  in  this 
state  without  having  one  or  more  places  of  business  and  an 
authorized  agent  or  agents  in  the  same,  upon  whom  pro- 
cess may  be  served. 

§  137.  No  corporation  shall  engage  in  any  business  otheu 
than  that  expressly  authorized  in  its  charter. 

§  138.  No  corporation  shall  issue  stock  or  bonds  except 
for  money,  labor  done,  or  money  or  property  actually  re- 
ceived; and  all  fictitious  increase  of  stock  or  indebtedness 
shall  be  void.  The  stock  and  indebtedness  or  corporations 
shall  not  be  increased  except  in  pursuance  of  general  law, 
nor  without  the  consent  of  the  persons  holding  the  larger 
amount  in  value  of  the  stock  first  obtained  at  a  meeting  to 
be  held  after  sixty  days'  notice  given  in  pursuance  of  law. 

§  139.  No  law  shall  be  passed  by  the  legislative  assem- 
bly granting  the  right  to  construct  and  operate  a  street  rail- 
road, telegraph,  telephone  or  electric  light  plant  within  any 
city,  town  or  incorporated  village,  without  requiring  the 
consent  of  the  local  authorities  having  the  control  of  the 
street  or  highway  proposed  to  be  occupied  for  such  pur- 
poses. 


STATE  OF  NORTH  DAKOTA 81 

§  140.  Every  railroad  corporation  organized  and  doing 
business  in  this  state  under  the  laws  or  authority  thereof, 
shall  have  and  maintain  a  public  office  or  place  in  the  state 
for  the  transaction  of  its  business,  v^here  transfer  of  its 
stock  shall  be  made  and  in  which  shall  be  kept  for  public 
inspection  books  in  which  shall  be  recorded  the  amount  of 
capital  stock  subscribed,  and  by  whom,  the  names  of  the 
owners  of  its  stock  and  the  amount  owned  by  them  respect- 
ively; the  amount  of  stock  paid  in  and  by  whom  and  the 
transfer  of  said  stock;  the  amount  of  its  assets  and  liabili- 
ties and  the  names  and  place  of  residence  of  its  officers. 
The  directors  of  every  railroad  corporation  shall  annually 
make  a  report  under  oath  to  the  auditor  of  public  accounts, 
or  some  officer  or  officers  to  be  designated  by  law,  of  all 
their  acts  and  doings,  which  report  shall  include  such  mat- 
ters relating  to  railroads  as  may  be  prescribed  by  law,  and 
the  legislative  assembly  shall  pass  laws  enforcing  by  suit- 
able penalties  the  provisions  of  this  section;  provided,  the 
provisions  of  this  section  shall  not  be  so  construed  as  to 
apply  to  foreign  corporations. 

§  141.  No  railroad  corporation  shall  consolidate  its 
stock,  property  or  franchise  with  any  other  railroad  cor- 
poration owning  a  parallel  or  competing  line;  and  in  no 
case  shall  any  consolidation  take  place  except  upon  public 
notice  given  at  least  sixty  days  to  all  stockholders,  in  such 
manner  as  may  be  provided  by  law.  Any  attempt  to  evade 
the  provisions  of  this  section  by  any  railroad  corporation 
by  lease  or  otherwise,  shall  work  a  forfeiture  of  its  char- 
ter. 

§  142.  Railways  heretofore  constructed,  or  that  may 
hereafter  be  constructed  in  this  state,  are  hereby  declared 
public  highways,  and  all  railroads,  sleeping  cars,  telegraph, 
telephone  and  transportation  companies  of  passengers,  in- 
telligence and  freight  are  declared  to  be  common  carriers 
and  subject  to  legislative  control;  and  the  legislative  assem- 
bly shall  have  power  to  enact  laws  regulating  and  controll- 
ing the  rates  of  charges  for  the  transportation  of  passen- 
gers, intelligence  and  freight;  as  such  common  carriers, 
from  one  point  to  another  in  this  state;  provided,  that  ap- 
peal may  be  had  to  the  courts  of  this  state  from  the  rates 
so  fixed;  but  the  rates  fixed  by  the  legislative  assembly  or 
board  of  railroad  commissioners  shall  remain  in  force  pend- 
ing the  decision  of  the  courts. 

§  143.  Any  association  or  corporation  organized  for  the 
purpose  shall  have  the  right  to  construct  and  operate  a  rail- 
road between  any  points  within  this  state,  and  to  connect 
at  the  state  line  with  the  railroads  of  other  states.     Everv 


82  ELECTION  LAWS 


railroad  company  shall  have  the  right  with  its  road  to  in- 
tersect, connect  with  or  cross  any  other,  and  shall  receive 
and  transport  each  other's  passengers,  tonnage  and  cars, 
loaded  or  empty,  without  delay  or  discrimination. 

§  144.  The  term  "corporation"  as  used  in  this  article, 
shall  not  be  understood  as  embracing  municipalities  or  po 
litical  subdivisions  of  the  state  unless  otherwise  expressly 
stated,  but  it  shall  be  held  and  construed  to  include  all  asso- 
ciations and  joint  stock  companies  having  any  of  the  pow- 
ers or  privileges  of  corporations  not  posessed  by  individ- 
uals or  partnerships. 

§  145.  If  a  general  banking  law  be  enacted,  it  shall  pro- 
vide for  the  registry  and  countersigning  by  an  officer  of  the 
state,  of  all  notes  or  bills  designed  for  circulation,  and  that 
ample  security  to  the  full  amount  thereof  shall  be  deposited 
with  the  state  treasurer  for  the  redemption  of  such  notes  or 
bills. 

§  146.  Any  combination  between  individuals,  corpora- 
tions, associations,  or  either,  having  for  its  object  or  effect 
the  controlling  of  the  price  of  any  product  of  the  soil  or  any 
article  of  manufacture  of  commerce,  or  the  cost  of  exchanges 
or  transportation,  is  prohibted  and  hereby  declared  unlaw- 
ful and  against  public  policy;  and  any  and  all  franchises 
heretofore  granted  or  extended,  or  that  may  hereafter  be 
granted  or  extended  in  this  state,  whenever  the  owner  or 
owners  thereof  violate  this  article,  shall  be  deemed  annulled 
and  become  void. 


ARTICLE  VIII.— Education. 

§  147.  A  high  degree  of  intelligence,  patriotism,  integ- 
rity and  morality  on  the  part  of  every  voter  in  a  government 
by  the  people  being  necessary  in  order  to  insure  the  contin- 
uance of  that  government  and  the  prosperity  and  happiness 
of  the  people,  the  legislative  assembly  shall  make  provision 
for  the  establishment  and  maintenance  of  a  sytem  of  pub- 
lic schools  which  shall  be  open  to  all  children  of  the  State 
of  North  Dakota  and  free  from  sectarian  control.  This  leg- 
islative requirement  shall  be  irrevocable  without  the  con- 
sent of  the  United  States  and  the  people  of  Norih  Dakota. 

§  148.  The  legislative  assembly  shall  provide,  at  its  first 
session  after  the  adoption  of  this  constituion,  for  a  uniform 
system  for  free  public  schools  throughout  the  state,  begin- 
ning with  the  primary  and  extending  through  all  grades  up 
to  and  including  the  normal  and  collegiate  course. 


STATE  OF  NORTH  DAKOTA 83 

§  149.  In  all  schools  instruction  shall  be  given  as  far  as 
practicable  in  those  branches  of  knowledge  that  tend  to  im  • 
press  upon  the  mind,  the  vital  importance  of  truthfulness, 
temperance,  purity,  public  spirit,  and  respect  for  honest 
labor  of  every  kind. 

§  150.  A  superintendent  of  schools  for  each  county  shall 
be  elected  every  two  years,  whose  qualifications,  dutiesj 
powers  and  compensation  shall  be  fixed  by  law. 

§  151.  The  legislative  assembly  shall  take  such  othev' 
steps  as  may  be  necessary  to  prevent  illiteracy,  secure  a 
reasonable  degree  of  uniformity  in  course  of  study,  and  to 
promote  industrial,  scientific^  and  agricultural  improve- 
ments. 

§  152.  All  colleges,  universities,  and  other  educational  in- 
stitutions, for  the  support  of  which  lands  have  been  granted 
to  this  state,  or  which  are  supported  by  a  public  tax,  shall  re- 
main under  the  absolute  and  exclusive  control  of  the  state. 
No  money  raised  for  the  support  of  the  public  schools  of 
the  state  shall  be  appropriated  to  or  used  for  the  support 
of  any  sectarian  school. 

ARTICLE  IX. — School  and  Public  Lands. 

§  153.  All  proceeds  of  the  public  lands  that  have  hereto- 
fore been  or  may  hereafter  be  granted  by  the  United  States 
for  the  support  of  the  common  schools  in  this  state;  all  such 
per  centum  as  may  be  granted  by  the  United  States  on  the 
sale  of  public  lands;  the  proceeds  of  property  that  shall  fall 
to  the  state  by  escheat;  the  proceeds  of  all  gifts  and  dona- 
tions to  the  state  for  common  schools,  or  not  otherwise  ajv 
propriated  by  the  terms  of  the  gift,  and  all  other  property 
otherwise  acquired  for  common  schools,  shall  be  and  re- 
main a  perpetual  fund  for  the  maintenance  of  the  common 
schools  of  the  state.  It  shall  be  deemed  a  trust  fund,  the 
principle  of  which  shall  forever  remain  inviolate  and  may 
be  increased  but  never  diminshed.  The  state  shall  make 
good  all  losses  thereof. 

§  154.  The  interest  and  income  of  this  fund  together 
with  the  net  proceeds  of  all  fines  for  violation  of  state  laws, 
and  all  other  sums  wMch  may  be  added  thereto  by  la  v 
shall  be  faithfully  used  and  applied  each  year  for  the  bene- 
fit of  the  common  schools  of  the  state,  and  shall  be  for  this 
purpose  apportioned  among  and  between  all  the  several 
common  school  corporations  of  the  state  in  proportion  tj 
the  number  of  children  in  each  of  school  age,  as  may  be 
fixed  by  law,  and  no  part  of  the  fund  shall  ever  be  diverted 


84  ELECTION  LAWS 


even  temporarily,  from  this  purpose,  or  used  for  any  other 
purpose  whatever  than  the  maintenance  of  common  schools 
for  the  equal  benefit  of  all  the  people  of  the  state;  provided, 
however,  that  if  any  portion  of  the  interest  or  income  afore- 
said shall  be  not  expended  during  any  year,  said  portio'i 
shall  be  added  to  and  become  a  part  of  the  school  fund. 

§  155.  After  one  year  from  the  assembling  of  the  first 
legislative  assembly  the  lands  granted  to  the  state  from  the 
United  States  for  the  support  of  the  common  schools  may 
be  sold  upon  the  following  conditions  and  no  other:  No 
more  than  one-fourth  of  all  such  lands  shall  be  sold  within 
the  first  five  years  after  the  same  become  saleable  by  virtue 
of  this  section.  No  more  than  one-half  of  the  remainder 
within  ten  years  after  the  same  become  saleable  as  afore- 
said. The  residue  may  be  sold  at  any  time  after  the  expir- 
ation of  said  ten  years.  The  legislative  asembly  shall  pro- 
vide for  the  sale  of  all  school  lands  subject  to  the  provisions 
of  this  article.  The  coal  lands  of  the  state  shall  never  be 
sold,  but  the  legislative  assembly  may  by  general  laws  pro- 
vide for  leasing  the  same.  The  words  "coal  lands"  shall  in- 
clude lands  bearing  lignite  coal. 

§  156.  The  superintendent  of  public  instruction,  gover- 
nor, attorney  general,  secretary  of  state  and  state  auditor 
shall  constitute  a  board  of  commissioners,  which  shall  be 
denominated  the  "Board  of  University  and  School  Lands" 
and,  subject  to  the  provisions  of  this  article,  and  any  law 
that  may  be  passed  by  the  legislative  assembly,  said  board 
shall  have  control  of  the  appraisement,  sale,  rental  and  dis- 
posal of  all  school  and  university  lands,  and  shall  direct 
the  investment  of  the  funds  arising  therefrom  in  the  hands 
of  the  state  treasurer,  under  the  limitations  in  section  160 
of  this  article. 

§  157.  The  county  superintendent  of  common  schools, 
the  chairman  of  the  county  board  and  the  county  auditor 
shall  constitute  boards  of  appraisal,  and  under  the  author- 
ity of  the  state  board  of  university  and  school  lands  shall 
appraise  all  school  lands  within  their  respective  counties 
which  they  may  from  time  to  time  recommend  for  sale  at 
their  actual  value  under  the  prescribed  terms,  and  shall 
first  select  and  designate  for  sale  the  most  valuable  lands. 

§  158.  No  land  shall  be  sold  for  less  than  the  appraised 
value  and  in  no  case  for  less  than  $10  per  acre.  The  pur- 
chaser shall  pay  one-fifth  of  the  price  in  cash  and  the  re- 
maining four-fifths  as  follows :  One-fifth  in  five  years,  one- 
fifth  in  ten  years,  one-fifth  in  fifteen  years  and  one-fifth  in 
twenty  years,  with  interest  at  the  rate  of  not  less  than  six 


STATE  OF  NORTH  DAKOTA 85 

per  centum,  payable  annually  in  advance.  All  sales  shall 
be  held  at  the  county  seat  of  the  county  in  which  the  land 
to  be  sold  is  situate,  and  shall  be  at  public  auction  and  to 
the  highest  bidder,  after  sixty  days'  advertisement  of  the 
same  in  a  newspaper  of  general  circulation  in  the  vicinity 
of  the  lands  to  be  sold,  and  one  at  the  seat  of  government. 
Such  lands  as  shall  not  have  been  specially  subdivided  shall 
be  offered  in  tracts  of  one-quarter  section,  and  those  so  sub- 
divided in  the  smallest  subdivisions.  All  lands  designated 
for  sale  and  not  sold  within  two  years  after  appraisal  shall 
be  reappraised  before  they  are  sold.  No  grant  or  patent 
for  any  such  lands  shall  issue  until  payment  is  made  for 
the  same;  provided,  that  the  lands  contracted  to  be  sold  by 
the  state  shall  be  subject  to  taxation  from  the  date  of  such 
contract.  In  case  the  taxes  assessed  against  any  of  said 
lands  for  any  year  remain  unpaid  until  the  first  Monday  in 
October  of  the  following  year,  then  and  thereupon  the  con- 
tract of  sale  of  such  lands  shall  become  null  and  void. 

Note — This  section  amended  by  amendments  adopted  in  1908  and  1912. 

§  159.  All  land,  money  or  other  property  donated, 
granted  or  received  from  the  United  States  or  any  other 
source  for  a  university,  school  of  mines,  reform  school,  ag- 
ricultural college,  deaf  and  dumb  asylum,  normal  school  or 
other  educational  or  charitable  institution  or  purpose,  and 
the  proceeds  of  all  such  lands  and  other  property  so  re- 
ceived from  any  source,  shall  be  and  remain  perpetual 
funds,  the  interest  and  income  of  which,  together  with  the 
rents  of  all  such  lands  as  may  remain  unsold,  shall  be  in- 
violably appropriated  and  applied  to  the  specific  objects  of 
the  original  grants  or  gifts.  The  principal  of  every  such 
fund  may  be  increased  but  shall  never  be  diminished,  and 
the  interest  and  income  only  shall  be  used.  Every  such 
fund  shall  be  deemed  a  trust  fund  held  by  the  state,  and 
the  state  shall  make  good  all  losses  thereof. 

§  160.  All  lands  mentioned  in  the  preceding  section 
shall  be  appraised  and  sold  in  the  same  manner  and  under 
the  same  limitations  and  subject  to  all  the  conditions  as  to 
price  and  sale  as  provided  above  for  the  appraisal  and  sale 
of  lands  for  the  benefit  of  common  schools;  but  a  distinct 
and  separate  account  shall  be  kept  by  the  proper  officers 
of  each  of  said  funds;  provided,  that  the  limitations  as  to 
the  time  in  which  school  land  may  be  sold  shall  apply  only 
to  lands  granted  for  the  support  of  common  schools. 

§  161.  The  legislative  assembly  shall  have  authority  tc 
provide  by  law  for  the  leasing  of  lands  granted  to  the  stafe 
lor  educational  and  charitable  purposes;  but  no  such  law 


86  ELECTION  LAWS 


shall  authorize  the  leasing  of  said  lands  for  a  longer  period 
than  five  years.  Said  lands  shall  only  be  leased  for  pastur- 
age and  meadow  purposes  and  at  a  public  auction  after 
notice  as  heretofore  provided  in  case  of  sale;  provided,  that 
all  of  said  school  lands  now  under  cultivation  may  be  leased, 
at  the  discretion  and  under  the  control  of  the  board  of  uni- 
versity and  school  lands,  for  other  than  pasturage  and 
meadow  purposes  until  sold.  All  rents  shall  be  paid  in  ad- 
vance. 

§  162.  The  moneys  of  the  permanent  school  fund  and 
other  educational  funds  shall  be  invested  only  in  bonds  of 
school  corporations  within  the  state,  bonds  of  the  United 
States,  bonds  of  the  State  of  North  Dakota,  or  in  first  mort- 
gages on  farm  lands  in  the  state,  not  exceeding  in  amount 
one-third  of  the  actual  value  of  any  subdivision  on  which 
the  same  may  be  loaned,  such  value  to  be  determined  by 
the  board  of  appraisers  of  school  lands. 

Note — This  section  amended  by  Article  8,  amendments  to  the  con- 
stitution, also  by  Article  9,  adopted  1908. 

§  163.  No  law  shall  ever  be  passed  by  the  legislative  as- 
sembly granting  to  any  person,  corporation  or  association 
any  privileges  by  reason  of  the  occupation,  cultivation  or 
improvement  of  any  public  lands  by  said  person,  corpora- 
tion or  association  subsequent  to  the  survey  thereof  by  the 
general  government.  No  claim  for  the  occupation,  cultiva- 
tion or  improvement  of  any  public  lands  shall  ever  be  rec- 
ognized, nor  shall  such  occupation,  cultivation  or  improve- 
ment of  any  public  lands  ever  be  used  to  diminish  either 
directly  or  indirectly,  the  purchase  price  of  said  lands. 

§  164.  The  legislative  assembly  shall  have  authority  to 
provide  by  law  for  the  sale  or  disposal  of  all  public  lands 
that  have  been  heretofore,  or  may  hereafter  be  granted  by 
the  United  States  to  the  state  for  purposes  other  than  set 
forth  and  named  in  sections  153  and  159  of  this  article.  And 
the  legislative  assembly,  in  providing  for  the  appraisement, 
sale,  rental  and  disposal  of  the  same,  shall  not  be  subject 
to  the  provisions  and  limitations  of  this  article. 

§  165.  The  legislative  assembly  shall  pass  suitable  laws 
for  the  safe  keeping  transfer  and  disbursement  of  the  state 
school  funds;  and  shall  require  all  officers  charged  with  the 
same  or  the  safe  keeping  thereof  to  give  ample  bonds  for  all 
moneys  and  funds  received  by  them,  and  if  any  of  said  offi- 
cers shall  convert  to  his  own  use  in  any  manner  or  form,  or 
shall  loan  with  or  without  interest  or  shall  deposit  in  his 
own  name,  or  otherwise  than  in  the  name  of  the  state  of 
North  Dakota,  or  shall  deposit  in  any  banks  or  with  any 


STATE  OF  NORTH  DAKOTA 87 

person  or  persons,  or  exchange  for  other  funds  or  property 
any  portion  of  the  school  funds  aforesaid  or  purposely  al- 
low any  portion  of  the  same  to  remain  in  his  own  hands  un- 
invested, except  in  the  manner  prescribed  by  law,  every 
such  act  shall  constitute  an  embezzlement  of  so  much  of  the 
aforesaid  school  funds  as  shall  be  thus  taken  or  loaned,  or 
deposited,  or  exchanged,  or  withheld,  and  shall  be  a  felony; 
and  any  failure  to  pay  over,  produce  or  account  for,  the 
state  school  funds  or  any  part  of  the  same  entrusted  to  any 
such  officer,  as  by  law  required  or  demanded,  shall  be  held 
and  be  taken  to  be  prima  facie  evidence  of  such  embezzle- 
ment. 

ARTICLE  X. — County  and  Township  Organization. 

§  166.  The  several  counties  in  the  territory  of  Dakota 
lying  north  of  the  seventh  standard  parallel  as  they  now 
exist,  are  hereby  declared  to  be  counties  of  the  state  of 
North  Dakota. 

§  167.  The  legislative  assembly  shall  provide  by  general 
law  for  organizing  new  counties,  locating  the  county  seats 
thereof  temporarily,  and  changing  county  lines,  but  no  new 
county  shall  be  organized,  nor  shall  any  organized  county 
be  so  reduced  as  to  include  an  area  of  less  than  twenty-four 
congressional  townships,  and  containing  a  population  of 
less  than  one  thousand  iDona  fide  inhabitants.  And  in  the 
organization  of  new  counties  and  in  changing  the  lines  of 
organized  counties  and  boundaries  of  congressional  town- 
ships, the  natural  boundaries  shall  be  observed  as  nearly  as 
may  be. 

§  168.  All  changes  in  the  boundaries  of  organized  coun- 
ties before  taking  effect  shall  be  submitted  to  the  electors  of 
the  county  or  counties  to  be  affected  thereby  at  a  general 
election  and  be  adopted  by  a  majority  of  all  the  legal  votes 
cast  in  each  county  at  such  election;  and  in  case  any  por- 
tion of  an  organized  county  is  stricken  off  and  added  to  aii- 
other  the  county  to  which  such  portion  is  added  shall  as- 
sume and  be  holden  for  an  equitable  proportion  of  the  in- 
debtedness of  the  county  so  reduced. 

§  169.  The  legislative  assembly  shall  provide  by  gen- 
eral law,  for  changing  county  seats  in  organized  counties, 
but  it  shall  have  no  power  to  remove  the  county  seat  of  any 
organized  county. 

§  170.  The  legislative  assembly  shall  provide  by  general 
law  for  township  organization,  under  which  any  county 
may  organize,  whenever  a  majority  of  all  the  legal  voters 


88  ELECTION  LAWS 


of  such  county,  voting  at  a  general  election,  shall  so  deter- 
mine, and  whenever  any  county  shall  adopt  township  or- 
ganization, so  much  of  this  constituion  as  provides  for  the 
management  of  the  fiscal  concerns  of  said  county  by  the 
board  of  county  commissioners,  may  be  dispensed  with  by 
a  majority  vote  of  the  people  voting  at  any  general  election; 
end  the  affairs  of  said  county  may  be  transacted  by  the 
chairmen  of  the  several  township  boards  of  said  county, 
and  such  others  as  may  be  provided  by  law  for  incorporat- 
ed cities,  towns  or  villages  within  such  county. 

§  171.  In  any  county  that  shall  have  adopted  a  sytem  of 
government  by  the  chairmen  of  the  several  township  boards, 
the  question  of  continuing  the  same  may  be  submitted  to 
the  electors  of  such  county  at  a  general  election  in  such  a 
manner  as  may  be  provided  by  law,  and  if  a  majority  of  all 
the  votes  cast  upon  such  question  shall  be  against  said  sys- 
tem of  government,  then  such  system  shall  cease  in  said 
county,  and  the  affairs  of  said  county  shall  then  be  trans- 
acted by  a  board  of  county  commissioners  as  is  now  pro- 
vided by  the  laws  of  the  territory  of  Dakota. 

§  172.  Until  the  system  of  county  government  by  the 
chairmen  of  the  several  township  boards  is  adopted  by  any 
county  the  fiscal  affairs  of  said  county  shall  be  transacted 
by  a  board  of  county  commissioners.  Said  board  shall  con- 
sist of  not  less  than  three  and  not  more  than  five  members, 
whose  terms  of  office  shall  be  prescribed  by  law.  Said 
board  shall  hold  sessions  for  the  transaction  of  county  busi- 
ness as  shall  be  provided  by  law. 

§  173.  At  the  first  general  election  held  after  the  adop- 
tion of  this  constitution,  and  every  two  years  thereafter, 
there  shall  be  elected-  in  each  organized  county  in  the  state, 
a  county  judge,  clerk  of  court,  register  of  deeds,  county 
auditor,  treasurer,  sheriff  and  state's  attorney,  who  shall  be 
electors  of  the  county  in  which  they  are  elected,  and  who 
shall  hold  their  office  until  their  successors  are  elected  and 
qualified.  The  legislative  assembly  shall  provide  by  la'v 
for  such  other  county,  township  and  district  officers  as  may 
be  deemed  necessary,  and  shall  prescribe  the  duties  and 
compensation  of  all  county,  township  and  district  officer^.. 
The  sheriff  and  treasurer  of  any  county  shall  not  hold  their 
respective  offices  for  more  than  four  years  in  succession. 

ARTICLE  XL— Revenue  and  Taxation. 

§  174.  The  legislative  assembly  shall  provide  for  raising 
revenue  sufficient  to  defray  the  expenses  of  the  state  for 
each  year,  not  to  exceed  in  any  one  year  four  (4)  milsl  on  the 


STATE  OF  NORTH  DAKOTA 89 

the  dollar  of  the  assesed  valuation  of  all  taxable  property 
in  the  state,  to  be  ascertained  by  the  last  assessment  made 
for  state  and  county  purposes,  and  also  a  sufficient  sum  to 
pay  the  interest  on  the  state  debt. 

§  175.  No  tax  shall  be  levied  except  in  pursuance  of  law, 
and  every  law  imposing  a  tax  shall  state  distinctly  the  ob- 
ject of  the  same,  to  which  only  it  shall  be  applied. 

§  176.  Laws  shall  be  passed  taxing  by  uniform  rule 
all  property  according  to  its  true  value  in  money,  but  the 
property  of  the  United  States  and  the  state,  county  and 
municipal  corporations,  both  real  and  personal,  shall  be 
exempt  from  taxatioi*,  and  the  legislative  assembly  shall  by 
a  general  law  exempt  from  taxation  property  used  exclu- 
sively for  school,  religious,  cemetery  or  charitable  purposes 
and  personal  property  to  any  amount  not  exceeding  in 
value  two  hundred  dollars  for  each  individual  liable  to  tax- 
ation; but  the  legislative  assembly  may,  by  law,  provide  for 
the  payment  of  a  per  centum  of  gross  earnings  of  railroad 
companies  to  be  paid  in  lieu  of  all  state,  county,  township 
and  school  taxes  on  property  exclusively  used  in  and  about 
the  prosecution  of  the  business  of  such  companies  as  com- 
mon carriers,  but  no  real  estate  of  said  corporations  shall 
be  exempted  from  taxation,  in  the  same  manner,  and  on  the 
same  basis  as  other  real  estate  is  taxed,  except  road-bed, 
right  of  way,  shops  and  buildings  used  exclusively  in  their 
business  as  common  carriers,  and  whenever  and  so  long  as 
such  law  providing  for  the  payment  of  a  per  centum  on 
earnings  shall  be  in  force,  that  part  of  section  179  of  this 
article  relating  to  assessment  of  railroad  property  shall 
cease  to  be  in  force. 

Note — ^Addenda  to  section  176,  adopted  in  1905. 

§  177.  All  improvements  on  land  shall  be  assessed  in  ac- 
cordance with  section  179,  but  plowing  shall  not  be  consid- 
ered as  an  improvement  or  add  to  the  value  of  land  for  the 
purpose  of  assessment. 

§  178.  The  power  of  taxation  shall  never  be  surrendered 
or  suspended  by  any  grant  or  contract  to  which  the  state  or 
any  county  or  other  municipal  corporation  shall  be  a  party. 

§  179.  All  property,  except  as  hereinafter  in  this  section 
provided,  shall  be  assessed  in  the  county,  city,  township, 
town,  village  or  district  in  which  it  is  situated,  in  the  man- 
ner prescrbed  by  law.  The  franchise,  roadway,  road-bed, 
rails  and  rolling  stock  of  all  railroads  operated  in  this  stat  3 
shall  be  assessed  by  the  state  board  of  equalization  at  their 
actual  value  and  such  assessed  valuation  shall  be  appor- 


90  ELECTION  LAWS 


tioned  to  the  counties,  cities,  towns,  townships  and  districts 
in  which  said  roads  are  located,  as  basis  for  taxation  of  such 
property  in  proportion  to  the  number  of  miles  of  railway 
laid  in  such  counties,  cities,  town,  townships  and  districts. 

Note — This  section  amended  by  Article  4,  amendments  to  the  con- 
stitution. 

§  180.  The  legislative  assembly  may  provide  for  the 
levy,  collection  and  disposition  of  an  annual  poll  tax  of  not 
more  than  one  dollar  and  fifty  cents  on  every  male  inhabi- 
tant of  this  state  over  twenty-one  and  under  fifty  years  of 
age,  except  paupers,  idiots,  insane  persons  and  Indians  not 
taxed. 

§  181.  The  legislative  assembly  shall  pass  all  laws  neces- 
sary to  carry  out  the  provisions  of  this  article. 

ARTICLE  XII.— Public  Debt  and  Public  Works. 

§  182.  The  state  may,  to  meet  casual  deficits  or  failure 
in  the  revenue  or  in  case  of  extraordinary  emergencies  con- 
tract debts,  but  such  debts  shall  never  in  the  aggregate  ex- 
ceed the  sum  of  $200,000,  exclusive  of  what  may  be  the  debt 
of  North  Dakota  at  the  time  of  the  adoption  of  this  consti- 
tution. Every  such  debt  shall  be  authorized  by  law  for  cer- 
tain purposes  to  be  definitely  mentioned  therein,  and  every 
such  law  shall  provide  for  levying  an  annual  tax  sufficient 
to  pay  the  interest  semi-annually,  and  the  principal  within 
thirty  years  from  the  passage  of  such  law,  and  shall  speci- 
ally appropriate  the  proceeds  of  such  tax  to  the  payment 
of  said  principal  and  interest,  and  such  appropriation  shall 
not  be  repealed  nor  the  tax  discontinued  until  such  debt, 
both  principal  and  interest,  shall  have  been  fully  paid.  No 
debt  in  excess  of  the  limit  named  shall  be  incurred  except 
for  the  purpose  of  repelling  invasion,  suppressing  insurrec- 
tion, defending  the  state  in  time  of  war,  or  to  provide  for 
public  defense  in  case  of  threatened  hostilities;  but  the  is- 
suing of  new  bonds  to  refund  existing  indebtedness,  shall 
not  be  construed  to  be  any  part  or  portion  of  said  $200,000. 

§  183.  The  debt  of  any  county,  township,  city,  town, 
school  district  or  any  other  political  subdivsion,  shall  nev  ;r 
exceed  five  per  centum  upon  the  assessed  value  of  the 
taxable  property  therein;  provided,  that  any  incorporated 
city  may  by  a  two-thirds  vote,  increase  such  indebtedness 
three  per  centum  on  such  assessed  value  beyond  said  five  per 
cent  limit.  In  estimating  the  indebtedness  which  a  city, 
county,  township,  school  district  or  any  other  political  sub- 
division may  incur,  the  entire  amount  of  existing  indebted- 
ness, whether  contracted  prior  or  subsequent  to  the  adop- 


STATE  OF  NORTH  DAKOTA 91 

tion  of  this  constituion  shall  be  included;  provided,  further, 
that  any  incorporated  city  may  become  indebted  in  any 
amount  not  exceeding  four  per  centum  on  such  assessed 
value,  without  regard  to  the  existing  indebtedness  of  such 
city,  for  the  purpose'  of  constructing  or  purchasing  water 
works  for  furnishing  a  supply  of  water  to  the  inhabitants  ot 
such  city,  or  for  the  purpose  of  constructing  sewers,  and  for 
no  other  purpose  whatever.  All  bonds  or  obligations  in  ex- 
cess of  the  amount  of  indebtedness  permitted  by  this  con- 
stitution, given  by  any  city,  county,  township,  town,  school 
district  or  any  other  political  subdivision,  shall  be  void. 

§  184.  Any  city,  county,  township,  town,  school  district 
or  any  other  political  subdivision  incurring  indebtedne  ;S 
shall  at  or  before  the  time  of  so  doing,  provide  for  the  col- 
lection of  an  annual  tax  sufficient  to  pay  the  interest  and 
also  the  principal  thereof  when  due,  and  all  laws  or  ordi- 
nances providing  for  the  payment  of  the  interest  or  princi- 
pal of  any  debt  shall  be  irrepealable  until  such  debt  be 
paid. 

§  185.  Neither  the  state,  nor  any  county,  city,  township, 
town,  school  district  or  any  other  political  subdivision  shall 
loan  or  give  its  credit  or  make  donations  to  or  in  aid  x)f  any 
individual,  association  or  corporation,  except  for  necessary 
support  of  the  poor,  nor  subscribe  to  or  become  the  owner 
of  the  capital  stock  of  any  association  or  corporation,  nor 
shall  the  state  engage  in  any  work  of  internal  improvement 
unless  authorized  by  a  two-thirds  vote  of  the  people. 

§  186.  No  money  shall  be  paid  out  of  the  state  treasury 
except  upon  appropriation  by  law  and  on  warant  drawn  by 
the  proper  oflicer,  and  no  bills,  claims,  acounts  or  demands 
against  the  state  or  any  county  or  other  political  subdivis- 
ion, shall  be  audited,  allowed  or  paid  until  a  full,  itemized 
statement  in  writing  shall  be  filed  with  the  officer  or  officers 
whose  duty  it  may  be  to  audit  the  same. 

§  187.  No  bond  or  evidence  of  indebtedness  of  the  stat^ 
shall  be  valid  unless  the  same  shall  have  endorsed  thereon 
a  certificate  signed  by  the  auditor  and  secretary  of  state, 
showing  that  the  bond  or  evidence  of  debt  is  issued  pursu- 
ant to  law  and  is  within  the  debt  limit.  No  bond  or  evi- 
dence of  debt  of  any  county,  or  bond  of  any  township  or 
other  political  subdivision  shall  be  valid  unless  the  same 
have  endorsed  thereon  a  certificate  signed  by  the  county 
auditor,  or  other  officer  authorized  by  law  to  sign  such  cer- 
tificate, stating  that  said  bond,  or  evidence  of  debt  is  issued 
pursuant  to  law  and  is  within  the  debt  limit. 


92  ELECTION  LAWS 


ARTICLE  XIIL— Militia. 

§  188.  The  militia  of  this  state  shall  consist  of  all  able 
bodied  male  persons  residing  in  the  state,  between  the  ages 
of  eighteen  and  forty-five  years,  except  such  as  may  be  ex- 
empted by  the  laws  of  the  United  States  or  of  this  state. 
Persons  whose  religious  tenets  or  conscientious  scruples  for- 
bid them  to  bear  arms  shall  not  be  compelled  to  dp  so  in 
times  of  peace,  but  shall  pay  an  equivalent  for  a  personal 
service. 

§  189.  The  militia  shall  be  enrolled,  organized,  uniform- 
ed, armed  disciplined  in  such  a  manner  as  shall  be  provid- 
ed by  law,  not  incompatible  with  the  constituion  or  laws  of 
the  United  States. 

§  190.  The  legislative  assembly  shall  provide  by  law  for 
the  establishment  of  volunteer  organizations  of  the  several 
arms  of  the  service  which  shall  be  classed  as  active  militia; 
and  no  other  organized  body  of  armed  men  shall  be  per^ 
mitted  to  perform  military  duty  in  this  state  except  the 
army  of  the  United  States,  without  the  proclamaion  of  the 
governor  of  the  state. 

§  191.  All  militia  officers  shall  be  appointed  or  elected 
in  such  a  manner  as  the  legislative  assembly  shall  provide. 

§  192.  The  commissioned  officers  of  the  militia  shall  be 
commissioned  by  the  governor,  and  no  commissioned  offi- 
cer shall  be  removed  from  office  except  by  sentence  of  court 
martial,  pursuant  to  law. 

§  193.  The  militia  forces  shall  in  all  cases,  except  trea- 
son, felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  musters,  parades  and  elections 
of  officers,  and  in  going  to  and  returning  from  the  same. 

ARTICLE  XIV. — Impeachment  and  Removal  From  Office. 

§  194.  The  house  of  representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a  majority  of 
all  members  elected  shall  be  necessary  to  an  impeachment. 

§  195.  All  impeachments  shall  be  tried  by  the  senat-. 
When  sitting  for  that  purpose  the  senators  shall  be  upon 
oath  or  affirmation  to  do  justice  according  to  the  law  ani 
evidence.  No  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  elected.  When  the 
governor  or  lieutenant  governor  is  on  trial  the  presiding 
judge  of  the  supreme  court  shall  preside. 


STATE  OF  NORTH  DAKOTA 93 

§  196.  The  governor  and  other  state  and  judicial  officers 
except  county  judges,  justices  of  the  peace  and  police  mag- 
istrates, shall  be  liable  to  impeachment  for  habitual  drunk- 
enness, crimes,  corrupt  conduct,  or  malfeasance,  or  mis- 
demeanor in  office,  but  judgment  in  such  cases  shall  not 
extend  further  than  removal  from  office  and  disqualifica- 
tion to  hold  any  office  of  trust  or  profit  under  the  state.  The 
person  accused,  whether  convicted  or  acquitted,  shall  never- 
theless be  liable  to  indictment,  trial,  judgment  and  punish- 
ment according  to  law. 

§  197.  All  officers  not  liable  to  impeachment,  shall  be 
subject  to  removal  for  misconduct,  malfeasance,  crime  or 
misdemeanor  in  office,  or  for  habitual  drunkenness  or  gross 
incompetency  in  such  manner  as  may  be  provided  by  law. 

§  198.  No  officer  shall  exercise  the  duties  of  his  office 
after  he  shall  have  been  impeached  and  before  his  acquit- 
tal. 

§  199.  On  trial  of  impeachment  against  the  governor, 
the  lieutenant  governor  shall  not  act  as  a  member  of  the 
court. 

§  200.  No  person  shall  be  tried  on  impeachment  before 
he  shall  have  been  served  with  a  copy  thereof,  at  least  twenty 
days  previous  to  the  day  set  for  trial. 

§  201.  No  person  shall  be  liable  to  impeachment  twice 
for  the  same  offense. 

ARTICLE  XV.— Future  Amendments. 

§  202.  Any  amendment  or  amendments  to  this  constitu- 
tion may  be  proposed  in  either  house  of  the  legislative  as- 
sembly; and  if  the  same  shall  be  agreed  to  by  a  majority  of 
the  members  elected  to  each  of  the  two  houses,  such  pro- 
posed amendment  shall  be  entered  on  the  journal  of  the 
house  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  legislative  assembly  to  be  chosen  at  the  next  general 
election,  and  shall  be  published,  as  provided  by  law,  for 
three  months  previous  to  the  time  of  making  such  choice, 
and  if  in  the  legislative  assembly  so  next  chosen  as  afore- 
said such  proposed  amendment  or  amendments,  shall  be 
agreed  to  by  a  majority  of  all  the  members  elected  to  each 
house,  then  it  shall  be  the  duty  of  the  legislative  assembly 
to  submit  such  proposed  amendment  or  amendments  to  the 
people  in  such  manner  and  at  such  time  as  the  legislative 
assembly  shall  provide;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendmnets  by  a  majority  of 
the  electors  qualified  to  vote  for  members  of  the  legislative 


94  ELECTION  LAWS 


assembly  voting  thereon,  such  amendment  or  amendments 
shall  become  a  part  of  the  constitution  of  this  state.  If  two 
or  more  amendments  shall  be  submitted  at  the  same  time 
they  shall  be  submitted  in  such  manner  that  the  electors 
shall  vote  for  or  against  each  of  such  amendments  separ- 
ately. 

ARTICLE  XVI. — Compact  With  the  United  States. 

§  203.  The  following  article  shall  be  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  this 
state : 

First.  Perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  no  inhabitant  of  this  state  shall  ever  be  molest- 
ed in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship. 

Second.  The  people  inhabiting  this  state  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the 
unappropriated  public  lands  lying  within  the  boundaries 
thereof,  and  to  all  lands  lying  within  said  limits  owned  or 
held  by  any  Indian  or  Indian  tribes,  and  that  until  the  title 
thereto  shall  have  been  extinguished  by  the  United  State;;, 
the  same  shall  be  and  remain  subject  to  the  disposition  of 
the  United  States,  and  that  said  Indian  lands  shall  remain 
under  the  absolute  jurisdiction  and  control  of  the  congress 
of  the  United  States;  that  the  lands  belonging  to  citizens  of 
the  United  States  residing  without  this  state  shall  never  be 
taxed  at  a  higher  rate  than  the  lands  belonging  to  residents 
of  this  state;  that  no  taxes  shall  be  imposed  by  this  state  oil 
lands  or  property  therein,  belonging  to,  or  which  may  here- 
after be  purchased  by  the  United  States  or  reserved  for  its 
use.  But  nothing  in  this  article  shall  preclude  this  state 
from  taxing  as  other  lands  are  taxed,  any  lands  owned  or 
held  by  any  Indian  who  has  severed  his  tribal  relations,  and 
has  obtained  from  the  United  States  or  from  any  person,  f> 
title  thereto,  by  patent  or  other  grant  save  and  except  such 
lands  as  have  been  or  may  be  granted  to  any  Indian  or  In- 
dians under  any  acts  of  congress  containing  a  provision  ex- 
empting the  lands  thus  granted  from  taxation,  which  last 
mentioned  lands  shall  be  exempt  from  taxation  so  long, 
and  to  such  extent,  as  is,  or  may  be  provided  in  the  act  of 
congress  granting  the  same. 

Third.  In  order  that  payment  of  the  debts  and  liabilities 
contracted  or  incurred  by  and  on  behalf  of  the  territory  of 
Dakota  may  be  justly  and  equitably  provided  for  and  made, 
and  in  pursuance  of  the  requirements  of  an  act  of  congress 
approved  February  22,  1889,  entitled,  "An  act  to  provide  for 


STATE  OF  NORTH  DAKOTA 95 

the  division  of  Dakota  into  two  states  and  to  enable  the  peo- 
ple of  North  Dakota,  South  Dakota,  Montana  and  Washing- 
ton to  form  constitutions  and  other  state  governments  and  to 
be  admitted  into  the  union  on  an  equal  footing  with  the 
original  states  and  to  make  donations  of  public  lands  to 
such  states,"  the  state  of  North  Dakota  and  South  Dakota 
by  proceedings  of  a  joint  commission,  duly  appointed  un- 
der said  act,  the  sessions  whereof  were  held  at  Bismarck,  in 
said  state  of  North  Dakota,  from  July  16,  1889,  to  July  31, 
1889,  inclusive,  have  agreed  to  the  following  adjustment  of 
the  amounts  of  the  debts  and  liabilities  of  the  territory  of 
Dakota,  which  shall  be  assumed  and  paid  by  each  of  the 
states  of  North  Dakota  and  South  Dakota,  respectively  to- 
wit: 

This  agreement  shall  take  effect  and  be  in  force  from  and 
after  the  admission  into  the  union  as  one  of  the  United 
States  of  America,  of  either  the  state  of  North  Dakota  or 
the  state  of  South  Dakota." 

The  words  "State  of  North  Dakota,'  wherever  used  in 
this  agreement,  shall  be  taken  to  mean  the  territory  of  North 
Dakota  in  case  the  State  of  South  Dakota  shall  be  admitted 
into  the  union  prior  to  the  admission  into  the  union  of  the 
state  of  North  Dakota;  and  the  words  "State  of  South  Da- 
kota," wherever  used  in  this  agreement,  shall  be  taken  to 
mean  the  territory  of  South  Dakota  in  case  the  state  of 
North  Dakota  shall  be  admitted  into  the  union  prior  to  the 
admission  into  the  union  of  the  state  of  South  Dakota. 

The  said  state  of  North  Dakota  shall  assume  and  pay  all 
bonds  issued  by  the  territory  of  Dakota  to  provide  funds  for 
the  purchase,  construction,  repairs,  or  maintenance  of  such 
public  institutions,  grounds  or  buildings  as  are  located 
within  the  boundaries  of  North  Dakota,  and  shall  pay  all 
warrants  issued  under  and  by  virtue  of  that  certain  act  of 
the  legislative  assembly  of  the  territory  of  Dakota,  approv- 
ed March  8,  1889,  entitled,  "An  act  to  provide  for  the  re- 
funding of  outstanding  warrants  drawn  on  the  capitol 
building  fund." 

The  state  of  South  Dakota  shall  assume  and  pay  all  bonds 
issued  by  the  territory  of  Dakota  to  provide  funds  for  the 
purchase,  construction,  repairs  or  maintenance  of  such  pub- 
lic institutions,  grounds  or  buildings  as  are  located  within 
the  boundaries  of  South  Dakota. 

That  is  to  say:  The  state  of  North  Dakota  shall  assume 
and  pay  the  following  bonds  and  indebtedness,  towit: 

Bonds  issued  on  account  of  the  hospital  for  insane  a  I 
Jamestown,  North  Dakota,  the  face  aggregate  of  which  is 
$266,000;  also  bonds  issued  on  account  of  the  North  Dakota 


96  ELECTION  LAWS 


university  at  Grand  Forks,  North  Dakota,  the  face  aggre- 
gate of  which  is  $96,700;  also  bonds  issued  on  account  of 
the  penitentiary  at  Bismarck,  North  Dakota,  the  face  aggre- 
gate of  which  is  $93,600;  also,  refunding  capitol  building 
warrants  dated  April  1,  1889,  $83,507.46. 

And  the  state  of  South  Dakota  shall  assume  and  pay  the 
following  bonds  and  indebtedness,  towit : 

Bonds  issued  on  account  of  the  hospital  for  the  insane  at 
Yankton,  South  Dakota,  the  face  aggreate  of  which  is  $210,- 
000;  also  bonds  issued  on  account  of  the  school  for  deaf 
mutes  at  Sioux  Falls,  South  Dakota,  the  face  aggregate  of 
which  is  $51,000;  also  bonds  issued  on  account  of  the  uni 
versity  at  Vermillion,  South  Dakota,  the  face  aggregate  oi 
which  is  $75,000;  also,  bonds  issued  on  account  of  the  peni- 
tentiary at  Sioux  Falls,  South  Dakota,  the  face  aggregate  of 
which  is  $94,300;  also,  bonds  issued  on  acount  of  the  agri- 
cultural  college  at  Brookings,  South  Dakota,  the  face  aggre- 
gate of  which  is  $97,500;  also,  bonds  issued  on  account  of 
the  normal  school  at  Madison,  South  Dakota,  the  face  ag- 
gregate of  which  is  $49,400.00;  also  bonds  issued  on  account 
of  the  school  of  mines  at  Rapid  City,  South  Dakota,  the  face 
aggregate  of  which  is  $33,000;  also  bonds  issued  on  account 
of  the  reform  school  at  Plankinton,  South  Dakota,  the  face 
aggregate  of  which  is  $30,000;  also,  bonds  issued  on  account 
of  the  normal  school  at  Spearfish,  South  Dakota,  the  fac^ 
aggregate  of  which  is  $25,000;  also,  bonds  issued  on  account 
of  the  soldiers'  home  at  Hot  Springs,  South  Dakota,  the  face 
aggregate  of  which  is  $45,000. 

The  states  of  North  Dakota  and  South  Dakota  shall  pay 
one-half  each  of  all  liabilities  now  existing  or  hereafter  and 
prior  to  the  taking  effect  of  this  agreement  incurred,  except 
those  heretofore  or  hereafter  incurred  on  acount  of  public 
institutions,  grounds  or  buildings,  except  as  otherwise  here- 
in specifically  provided. 

The  State  of  South  Dakota  shall  pay  to  the  State  of  Nort  i 
Dakota  $46,500,  on  account  of  the  excess  of  territorial  ap- 
propriations for  the  permanent  improvement  of  territorial 
institutions  which  under  this  agreement  will  go  to  South 
Dakota,  and  in  full  of  the  undivided  one-half  interest  of 
North  Dakota  in  the  territorial  library,  and  in  full  settle- 
ment of  unbalanced  accounts,  and  of  all  claims  against  the 
territory  of  whatever  nature,  legal  or  equitable,  arising  out 
of  the  alleged  erroneous  or  unlawful  taxation  of  Northern 
Pacific  railroad  lands,  and  the  payment  of  said  amount 
shall  discharge  and  exempt  the  state  of  North  Dakota  from 
all  liability  for  or  on  account  of  the  several  matters  herein- 
before referred  to;  nor  shall  either  state  be  called  upon  to 


STATE  OF  NORTH  DAKOTA 97 

pay  or  answer  to  any  portion  of  liability  hereafter  arising 
or  accruing  on  account  of  transactions  heretofore  had, 
which  liability  would  be  a  liability  of  the  territory  of  Da- 
kota had  such  territory  remained  in  existence,  and  which 
liability  shall  grow  out  of  matters  connected  with  any  pub- 
lic institutions,  grounds  or  buildings  of  the  territory  situat- 
ed or  located  within  the  boundaries  of  the  other  state. 

A  final  adjustment  of  accounts  shall  be  made  upon  the 
following  basis:  North  Dakota  shall  be  charged  with  all 
sums  paid  on  account  of  the  public  institutions,  grounds  or 
buildings  located  within  its  boundaries  on  account  of  the 
current  appropriations  since  March  9,  1889;  and  South  Da- 
kota shall  be  charged  with  all  sums  paid  on  account  of  pub- 
lic institutions,  grounds,  or  buildings  located  within  its 
boundaries  on  the  same  account  and  during  the  same  time. 
Each  state  shall  be  charged  with  one-half  of  all  other  ex- 
penses of  the  territorial  government  during  the  same  time. 
All  moneys  paid  into  the  treasury  during  the  period  from 
March  8,  1889,  to  the  time  of  taking  effect  of  this  agreement 
by  any  county,  municipality  or  person  within  the  limits  of 
the  proposed  state  of  North  Dakota,  shall  be  credited  to  the 
state  of  North  Dakota,  and  all  sums  paid  into  said  treasury^ 
within  the  same  time  by  any  county,  municipality  or  per- 
son within  the  limits  of  the  proposed  state  of  South  Dakot  i 
shall  be  credited  to  the  state  of  South  Dakota,  except  that 
any  and  all  taxes  on  gross  earnings  paid  into  said  treasury 
by  railroad  corporations,  since  the  8th  day  of  March,  1889, 
based  upon  earnings  of  years  prior  to  1888,  under  and  by 
virtue  of  the  act  of  the  legislative  assembly  of  the  territory 
of  Dakota,  approved  March  7,  1889,  and  entitled,  "An  act 
providing  for  the  levy  and  collection  of  taxes  upon  proper- 
ty of  railroad  companies  in  this  territory,"  being  chapter 
107  of  the  session  laws  of  1889  (that  is,  the  part  of  such 
sums  going  to  the  territory),  shall  be  equally  divided  be- 
tween the  states  of  North  Dakota  and  South  Dakota,  and 
all  taxes  heretofore  or  hereafter  paid  into  said  treasury  un- 
der and  by  virtue  of  the  act  last  mentioned,  based  upon  the 
gross  earnings  of  the  year  1888,  shall  be  distributed  as 
already  provided  by  law,  except  that  so  much  thereof  as 
goes  to  the  territorial  treasury  shall  be  divided  as  follows: 
North  Dakota  shall  have  so  much  thereof  as  shall  be  or  has 
been  paid  by  railroads  within  the  limits  of  the  proposed 
state  of  North  Dakota,  and  South  Dakota  so  much  thereof 
as  shall  be  or  has  been  paid  by  railroads  within  the  limits 
of  the  proposed  state  of  South  Dakota;  each  state  shall  be 
accredited  also  with  all  balances  of  appropriations  made 
by  the  seventeenth  legislative  assembly  of  the  territory  of 
Dakota  for  the  account  of  the  public  institutions,  grounds 


ELECTION  LAWS 


or  buildings  situated  within  its  limits  remaining  un- 
expended on  March  8,  1889.  If  there  shall  be  any  indebted- 
ness except  the  indebtedness  represented  by  the  bonds  and 
refunding  warrants  hereinbefore  mentioned,  each  state 
shall,  at  the  time  of  such  final  adjustment  of  accounts,  as- 
sume its  share  of  said  indebtedness  as  determined  by  the 
amount  paid  on  account  of  the  public  institutions,  grounds 
or  buildings  of  such  state  in  excess  of  the  receipts  from 
counties,  municipalities,  railroad  corporations  or  persons 
within  the  limits  of  said  state  as  provided  in  this  article, 
and  if  there  should  be  a  surplus  at  the  time  of  such  final 
adjustment,  e^ch  state  shall  be  entitled  to  the  amounts  re- 
ceived from  counties,  municipalities,  railroad  corporations 
or  persons  within  its  limits  over  and  above  the  amount 
charged  it.  And  the  state  of  North  Dakota  hereby  obligates 
itself  to  pay  such  part  of  the  debts  and  liabilities  of  the 
territory  of  Dakota  as  is  declared  by  the  foregoing  agree- 
ment to  be  its  proportion  thereof,  the  same  as  if  such  pro- 
portion had  been  originally  created  by  said  state  of  Norlh 
Dakota  as  its  own  debt  or  liability. 

§  204.  Jurisdiction  is  ceded  to  the  United  States  over  the 
military  reservations  of  Fort  Abraham  Lincoln,  Fort  Bu- 
ford,  Fort  Pembina  and  Fort  Totten,  heretofore  declared 
by  the  president  of  the  United  States;  provided,  legal  pro- 
cess, civil  and  criminal,  of  this  state,  shall  extend  over  sucli 
reservations  in  all  cases  in  which  exclusive  jurisdiction  is 
not  vested  in  the  United  States,  or  of  crimes  not  committed 
within  the  limits  of  such  reservations. 

§  205.  The  state  of  North  Dakota  hereby  accepts  the  sev- 
eral grants  of  land  granted  by  the  United  States  to  the  stato 
of  North  Dakota  by  an  act  of  congress,  entitled,  "An  act  to 
provide  for  the  division  of  Dakota  into  two  states,  and  to 
enable  the  people  of  North  Dakota,  South  Dakota,  Mon- 
tana and  Washington  to  form  constitutions  and  state  gov- 
ernments, and  to  be  admitted  into  the  union  on  equal  foot- 
ing with  the  original  states,  and  to  make  donations  of  pub- 
lic lands  to  such  states,"  under  the  conditions  and  limita- 
tions therein  mentioned;  reserving  the  right,  however,  to 
apply  to  congress  for  modification  of  said  conditions  and 
limitations  in  case  of  necessity. 

ARTICLE  XVII.— Miscellaneous. 

§  206.  The  name  of  this  state  shall  be  "North  Dakota." 
The  state  of  North  Dakota  shall  consist  of  all  the  territory 
included  within  the  following  boundary,  to  wit:  Commenc- 
ing at  a  point  in  the  main  channel  of  the  Red  River  of  the 
North,  where  the  forty-ninth  degree  of  north  latitude  crosses 


STATE  OF  NORTH  DAKOTA 99 

the  same;  thence  south  up  the  main  channel  of  the  same 
and  along  the  boundary  line  of  the  state  of  Minnesota  to  a 
point  where  the  seventh  standard  parallel  intersects  the 
same;  thence  west  along  said  seventh  standard  parallel  pro- 
duced due  west  to  a  point  where  it  intersects  the  twenty- 
seventh  meridian  of  longtitude  west  from  Washington; 
thence  north  on  said  meridian  to  a  point  where  it  intersects 
the  forty-ninth  degree  of  north  latitude;  thence  east  along 
said  line  to  place  of  beginning. 

§  207.  The  following  described  seal  is  hereby  declared 
to  be  and  hereby  constituted  the  great  seal  of  the  state  of 
North  Dakota,  towit:  "A  tree  in  the  open  field,  the  trunk 
of  which  is  surrounded  by  three  bundles  of  wheat;  on  the 
right  plow,  anvil  and  sledge;  on  the  left,  a  bow  crossed  with 
three  arrows,  and  an  Indian  on  horseback  pursuing  a  buf- 
falo toward  the  setting  sun;  the  foliage  of  the  tree  arched 
by  a  half  circle  of  forty-two  stars,  surrounded  by  the  motto, 
"Liberty  and  Union  Now  and  Forever,  One  and  Insepar- 
able;" the  words  "Great  Seal"  at  the  top,  the  words  "State 
of  North  Dakota"  at  the  bottom;  "October  1st"  on  the  left, 
and  "1889"  on  the  right.  The  seal  to  be  two  and  one-half 
inches  in  diameter. 

§  208.  The  right  of  the  debtor  to  enjoy  the  comforts  and 
necessaries  of  life  shall  be  recognized  by  wholesome  laws 
exempting  from  forced  sale  to  all  heads  of  families  a  homo.- 
stead,  the  value  of  which  shall  be  limited  and  defined  by 
law;  and  a  reasonable  amount  of  personal  property;  the 
kind  and  value  shall  be  fixed  by  law.  This  section  shall  not 
be  construed  to  prevent  liens  against  the  homestead  for 
labor  done  and  materials  furnished  in  the  improvement 
thereof,  in  such  manner  as  may  be  prescribed  by  law. 

§  209.  The  labor  of  children  under  twelve  years  of  age 
shall  be  prohibited  in  minSs,  factories  and  workshops  in 
this  state. 

§  210.  All  flowing  streams  and  natural  water  courses 
shall  forever  remain  the  property  of  the  state  for  mining, 
irrigating  and  manufacturing  purposes. 

§  211.  Members  of  the  legislative  assembly  and  judicial 
departments,  except  such  inferior  officers  as  may  be  by  law 
exempted,  shall,  before  they  enter  on  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or 
affirmation:  "I  do  solmenly  swear  (or  affirm,  as  the  case 
may  be)  that  I  will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  state  of  North  Dakota;  and 
that  I  will  faithfully  discharge  the  duties  of  the  office  of 
according  to  the  best  of  my 


100  ELECTION  LAWS 


abilty,  so  help  me  God"  (if  an  oath),  (under  pain  and  pen- 
alty of  perjury,  if  an  afiirmation) ,  and  no  other  oath,  de  > 
laration  or  test  shall  be  required  as  a  qualification  for  any 
office  or  public  trust. 

§  212.  The  exchange  of  "black  lists"  between  corpora- 
tions shall  be  prohibited. 

§  213.  The  real  and  personal  property  of  any  woman  in 
this  state,  acquired  before  marriage,  and  all  property  to 
which  she  may  after  marriage  become  in  any  manner  right- 
fully entitled,  shall  be  her  separate  property  and  shall  not 
be  liable  for  the  debts  of  her  husband. 


ARTICLE  XVIII. — Congressional  and  Legislative 
Apportionment. 

§  214.  Until  otherwise  provided  by  law,  the  member  of 
the  house  of  representatives  of  the  United  States  apportion- 
ed to  this  state  shall  be  elected  at  large. 

Until  otherwise  provided  by  law  the  senatorial  and  reprti- 
sentative  districts  shall  be  formed  and  the  senators  and  rep- 
resentatives shall  be  apportioned  as  follows : 

The  first  district  shall  consist  of  the  townships  of  Wal- 
halla,  St.  Joseph,  Neche,  Pembina,  Bathgate,  Carlisle,  Joliet, 
Midland,  Lincoln  and  Drayton,  in  the  county  of  Pembina, 
and  be  entitled  to  one  senator  and  two  representatives. 

The  second  district  shall  consist  of  the  townships  of  St. 
Thomas,  Hamilton,  Cavalier,  Akra,  Beauleau,  Thingvalla, 
Gardar,  Park,  Crystal,  Elora  and  Lodema,  in  the  county  of 
Pembina,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

The  third  district  shall  consist  of  the  townships  of  Perth, 
Latona,  Adams,  Silvester,  CleVfeland,  Morton,  Vesta,  Tiber, 
Medford,  Vernon,  Golden,  Lampton,  Eden,  Rushford,  Ken- 
sington, Dundee,  Ops,  Prairie  Center,  Fertile,  Park  River 
and  Gleenwood  in  the  county  of  Walsh,  and  be  entitled  to 
one  senator  and  two  representatives. 

The  fourth  district  shall  consist  of  the  townships  of  Forest 
River,  Walsh  Center,  Grafton,  Farmington,  Ardoch,  village 
of  Ardoch,  Harrison,  city  of  Grafton,  Oakwood,  Martin, 
Walshville,  Pulaski,  Acton,  Minto  and  St.  Andrews,  in  the 
county  of  Walsh,  and  be  entitled  to  one  senator  and  three 
representatives. 

The  fifth  district  shall  consist  of  the  townships  of  Gilby, 
Johnstown,  Strabane,  Wheatfield,  Hegton,  Aryilla,  Avon, 
Northwood,  Lind,  Grace,  Larimore  and  the  city  of  Lari- 
more,  Elm   Grove,   Agnes,   Inkster,  Elkmount,   Oakwood, 


STATE  OF  NORTH  DAKOTA    '  '''  '    "      IQl 

Niagara,  Moraine,  Logan  and  Loretta,  in  the  county  of 
Grand  Forks,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

The  sixth  district  shall  consist  of  the  Third,  Fourth,  Fifth 
and  Sixth  wards  of  the  city  of  Grand  Forks,  as  now  consti- 
tuted, and  the  townships  of  Falconer,  Harvey,  Turtle  River, 
Ferry,  Rye,  Rlooming,  Meckinock,  Lakeville  and  Levant,  in 
the  county  of  Grand  Forks,  and  be  entitled  to  one  senator 
and  two  representatives. 

The  seventh  district  shall  consist  of  the  First  and  Second 
wards  of  the  city  of  Grand  Forks,  as  now  constituted,  and 
the  townships  of  Grand  Forks,  Brenna,  Oakville,  Chester, 
Pleasant  View,  Fairfield,  Allendale,  Walle,  Bentru,  Ameri- 
cus,  Michigan,  Union  and  Washington;  in  the  county  of 
Grand  Forks,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

The  eighth  district  shall  consist  of  the  county  of  Traill 
and  be  entitled  to  one  senator  and  four  representatives. 

The  ninth  district  shall  consist  of  the  township  of  Fargo 
and  the  city  of  Fargo,  in  the  county  of  Cass,  and  the  fra  > 
tional  township  number  139  in  range  48,  and  be  entitled  to 
one  senator  and  two  representatives. 

The  tenth  district  shall  consist  of  the  townships  of  Nobl^ 
Wiser,  Harwood,  Reed,  Barnes,  Stanley,  Pleasant,  Kenyon, 
Gardner,  Berlin,  Raymond,  Mapleton,  Warren,  Norman, 
Elm  River,  Harmony,  Durbin,  Adison,  Davenport,  Cassel- 
ton,  in  the  county  of  Cass,  and  be  entitled  to  one  senator 
and  three  representatives. 

The  eleventh  district  shall  consist  of  the  townships  of 
Webster,  Rush  River,  Hunter,  Arthur,  Amenia,  Everesf:, 
Maple  River,  Leonard,  Dows,  Erie,  Empire,  Wheatland, 
Gill,  Walberg,  Watson,  Page,  Rich,  Ayr,  Buffaol,  Howes, 
Eldred,  Highland,  Rochester,  Lake,  Cornell,  Tower,  Hill, 
Clifton  and  Pontiac,  in  the  county  of  Cass,  and  be  entitled  to 
one  senator  and  three  representatives. 

The  twelfth  district  shall  consist  of  the  county  of  Richland, 
and  be  entitled  to  one  senator  and  three  representatives. 

The  thirteenth  district  shall  consist  of  the  county  of  Sar- 
gent, and  be  entitled  to  one  senator  and  two  representa- 
tives. 

The  fourteenth  district  shall  consist  of  the  county  of  Ran- 
som, and  be  entitled  to  one  senator  and  two  representatives. 

The  fifteenth  district  shall  consist  of  the  county  of  Barnes, 
and  be  entitled  to  one  senator  and  two  representatives. 

The  sixteenth  district  shall  consist  of  the  counties  of 
Steele  and  Griggs,  and  be  entitled  to  one  senator  and  two 
representatives. 


id2 


ELECTION  LAWS 


The  seventeenth  district  shall  consist  of  the  county  of 
Nelson,  and  be  entitled  to  one  senator  and  one  representa- 
tive. 

The  eighteenth  district  shall  consist  of  the  county  of  Cava- 
lier, and  be  entitled  to  one  senator  and  two  representatives. 

The  nineteenth  district  shall  consist  of  the  counties  of 
Towner  and  Rolette,  and  be  entitled  to  one  senator  and  one 
representative. 

The  twentieth  district  shall  consist  of  the  counties  of  Ben- 
son and  Pierce,  and  be  entitled  to  one  senator  and  two  rep- 
resentatives. 

The  twenty-first  district  shall  consist  of  the  county  of 
Ramsey,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

The  twenty-second  district  shall  consist  of  the  counties 
of  Eddy,  Foster  and  Wells,  and  be  entiled  to  one  senator 
and  two  representatives. 

The  twenty-third  district  shall  consist  of  the  county  of 
Stutsman,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

The  twenty-fourth  district  shall  consist  of  the  county  of 
LaMoure,  and  be  entitled  to  one  senator  and  one  representa- 
tive. 

The  twenty-fifth  district  shall  consist  of  the  county  of 
Dickey,  and  be  entitled  to  one  senator  and  two  representa- 
tives. 

The  twenty-sixth  district  shall  consist  of  the  counties  of 
Emmons,  Mcintosh,  Logan  and  Kidder,  and  be  entitled  to 
one  senator  and  two  representatives. 

The  twenty-seventh  district  shall  consist  of  the  county  of 
Burleigh,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

The  twenty-eighth  district  shall  consist  of  the  counties  of 
Bottineau  and  McHenry,  and  be  entitled  to  one  senator  and 
one  representative. 

The  twenty-ninth  district  shall  consist  of  the  counties  of 
Ward,  McLean,  and  all  the  unorganized  counties  lying  north 
of  the  Missouri  river,  and  be  entitled  to  one  senator  and  one 
representative. 

The  thirtieth  district  shall  consist  of  the  counties  of  Mor- 
ton and  Oliver,  and  be  entitled  to  one  senator  and  two  rep- 
resentatives. 

The  thirty-first  district  shall  consist  of  the  counties  of 
Mercer,  Stark  and  Billings  and  all  the  unorganized  counties 


STATE  OF  NORTH  DAKOTA 103 

lying  south  of  the  Missouri  river,  and  be  entitled  to  one 
senator  and  one  representative. 

Note — Apportionment  changed  by  law  of  1901,  law  of  1907,  law  of 
1909  and  law  of  1911. 


ARTICLE  XIX.— Public  Institutions. 

§  215.  The  following  public  institutions  of  the  state  are 
permanently  located  at  the  places  hereinafter  named,  each 
to  have  the  lands  specifically  granted  to  it  by  the  United 
States,  in  the  act  of  congress  approved  February  22,  1889, 
to  be  disposed  of  and  used  in  such  manner  as  the  legislative 
assembly  may  prescribe,  subject  to  the  limitations  provided 
in  the  article  on  school  and  public  lands  contained  in  this 
constituion. 

First.  The  seat  of  government  at  the  city  of  Bismarck,  in 
the  county  of  Burleigh. 

Second.  The  state  university  and  the  school  of  mines  at 
the  city  of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third.  The  agricultural  college  at  the  city  of  Fargo,  in 
the  county  of  Cass. 

Fourth.  A  state  normal  school  at  the  city  of  Valley  City, 
in  the  county  of  Barnes;  and  the  legislative  asembly  in  ap- 
portioning the  grant  of  eighty  thousand  acres  of  land  for 
normal  schools  made  in  the  act  of  congress  referred  to  shall 
grant  to  the  said  normal  school  at  Valley  City,  as  afore- 
mentioned, fifty  thousand  (50,000)  acres,  and  said  lands  are 
hereby  appropriated  to  said  institution  for  that  purpose. 

Fifth.  The  deaf  and  dumb  asylum  at  the  city  of  Devils 
Lake,  in  the  county  of  Ramsey. 

Note — See  amendments.  Article  3. 

Sixth.  A  state  reform  school  at  the  city  of  Mandan,  in 
the  county  of  Morton. 

Seventh.  A  state  normal  school  at  the  city  of  Mayville, 
in  the  county  of  Traill,  and  the  legislative  assembly  in  ap- 
portioning the  grant  of  lands  made  by  congress  in  the  act 
aforesaid,  for  state  normal  schools,  shall  assign  thirty 
thousand  (30,000)  acres  to  the  institution  hereby  located  at 
Mayville,  and  said  lands  are  hereby  appropriated  for  said 
purjpose. 

Eighth.  A  state  hospital  for  the  insane  and  institution 
for  the  feeble  minded  in  connection  therewith,  at  the  city  of 
Jamestown,  in  the  county  of  Stutsman.  And  the  legislative 
assembly  shall  appropriate  twenty  thousand  acres  of  the 


104  ELECTION  LAWS 


grant  of  lands  made  by  the  act  of  congress  aforesaid  for 
"other  educational  and  charitable  institutions"  to  the  bene- 
fit and  for  the  endowment  of  said  institution. 

Note — See  amendments,  Article  4. 

§  216.  The  following  named  public  institutions  are  here- 
by permanently  located  as  hereinafter  provided,  each  t  j 
have  so  much  of  the  remaining  grant  of  one  hundred  and 
seventy  thousand  acres  of  land  made  by  the  United  States 
for  "other  educational  and  charitable  institutions,"  as  ij 
alloted  by  law,  viz : 

First.  A  soldier's  home,  when  located,  or  such  other 
charitable  institution  as  the  legislative  assembly  may  de- 
termine, at  Lisbon,  in  the  county  of  Ransom,  with  a  grant 
of  forty  thousand  acres  of  land. 

Second.  A  blind  asylum  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  the 
county  of  Pembina  as  the  qualified  electors  of  said  county 
may  determine  at  an  election  to  be  held  as  prescribed  by 
the  legislative  assembly,  with  a  grant  of  thirty  thousand 
acres. 

Third.  An  industrial  school  and  school  for  manual  train- 
ing, or  such  other  educational  or  charitable  institution  as 
the  legislative  assembly  may  provide,  at  the  town  of  Ellen- 
dale,  in  the  county  of  Dickey,  with  a  grant  of  forty  thousand 
acres. 

Fourth.  A  school  of  forestry,  or  such  other  institution 
as  the  legislative  assembly  may  determine,  at  such  place  in 
one  of  the  counties  of  McHenry,  Ward,  Bottineau  or  Rolette, 
as  the  electors  of  said  counties  may  determine  by  an  elec- 
tion for  that  purpose,  to  be  held  as  provided  by  the  legist  i- 
tive  assembly. 

Fifth.  A  scientific  school,  or  such  other  educational  or 
charitable  institution  as  the  legislative  assembly  may  pre- 
scribe, at  the  city  of  Wahpeton,  county  of  Richland,  with  a 
grant  of  forty  thousand  acres;  provided,  that  no  other  insti- 
tution of  a  character  similar  to  any  one  of  those  located  by 
this  article  shall  be  established  or  maintained  without  a  re- 
vision of  this  constituion. 

Note — This  section  amended  by  Articles  6  and  12,  amendments  to 
the  constitution. 


ARTICLE  XX.— Prohibition. 

§  217.     No  person,  association  or  corporation  shall  with- 
in this  state,  manufacture  for  sale  or  gift,  any  intoxicating 


STATE  OF  NORTH  DAKOTA 105 

liquors,  and  no  person,  association  or  corporation  shall  im- 
port any  of  the  same  for  sale  or  gift,  or  keep  or  sell  or  offer 
the  same  for  sale,  or  gift,  barter  or  trade  as  a  beverage.  The 
legislative  assembly  shall  by  law  prescribe  regulations  for 
the  enforcement  of  the  provisions  of  this  article  and  shall 
thereby  provide  suitable  penalties  for  the  violation  thereof. 

SCHEDULE. 

§  1.  That  no  inconvenience  may  arise  from  a  change  of 
territorial  government  to  state  government,  it  is  declared 
that  all  v^rits,  actions,  prosecutions,  claims  and  rights  of  in- 
dividuals and  bodies  corporate  shall  continue  as  if  no 
change  of  government  had  taken  place,  and  all  processes 
which  may,  before  the  organization  of  the  judicial  depart- 
ment under  this  constitution,  be  issued  under  the  authority 
of  the  teritory  of  Dakota,  shall  be  as  valid  as  if  issued  in  the 
name  of  the  state. 

§  2.  All  laws  now  in  force  in  the  territory  of  Dakota, 
which  are  not  repugnant  to  this  constituion,  shall  remain  in 
force  until  they  expire  by  their  own  limitations  or  be  alter- 
ed or  repealed. 

§  3.  All  fines,  penalties,  forfeitures  and  escheats  accru- 
ing to  the  territory  of  Dakota  shall  accrue  to  the  use  of  the 
states  of  North  Dakota  and  South  Dakota  and  may  he  sued 
for  and  recovered  by  either  of  said  states  as  necessity  may 
require. 

§  4.  All  recognizances,  bonds,  obligations  or  other  un- 
dertakings, heretofore  taken,  or  which  may  be  taken  before 
the  organization  of  the  judicial  department  under  this  con- 
stitution, shall  remain  valid,  and  shall  pass  over  to,  and  may 
be  prosecuted  in  the  name  of  the  state;  all  bonds,  obliga- 
tions or  other  undertakings  executed  to  this  territory,  or  to 
any  officer  in  his  official  capacity,  shall  pass  over  to  the  pro- 
per state  authority,  and  to  their  successors  in  office,  for  th'j 
use  therein  respectively  expressed,  and  may  be  sued  for 
and  recovered  accordingly;  all  criminal  prosecutions  and 
penal  actions,  which  have  arisen  or  may  arise  before  the 
organization  of  the  judicial  department,  under  this  consti- 
tution, or  which  shall  then  be  pending,  may  be  prosecuted 
to  judgment  and  execution  in  the  name  of  the  state. 

§  5.  All  property  real  and  personal,  and  credits,  claims 
and  choses  in  action  belonging  to  the  territory  of  Dakota  at 
the  time  of  the  adoption  of  this  constitution,  shall  be  vested 
in  and  become  the  property  of  the  states  of  North  Dakota 
and  South  Dakota. 


106  ELECTION  LAWS 


§  6.  Whenever  any  two  of  the  judges  of  the  supreme 
court  of  the  state,  elected  under  the  provisions  of  this  con- 
stitution, shall  have  qualified  in  their  offices,  the  causes  then 
pending  in  the  supreme  court  of  the  territory  on  appeal  or 
writ  of  error  from  the  district  courts  of  any  county  or  sub- 
division within  the  limits  of  this  state,  and  the  papers,  rec- 
ords and  proceedings  of  said  court  shall  pass  into  the  juris- 
diction and  possession  of  the  supreme  court  of  the  state,  ek- 
cept  as  otherwise  provided  in  the  enabling  act  of  congress, 
and  until  so  superseded  the  supreme  court  of  the  territory 
and  judges  thereof  shall  continue,  with  like  powers  and 
jurisdiction  as  if  this  constitution  had  not  been  adopted. 
Whenever  the  judge  of  the  district  court  of  any  district 
elected  under  the  provisions  of  this  constitution  shall  have 
qualified  in  this  office,  the  several  causes  then  pending  ia 
the  district  court  of  the  territory  within  any  county  in  such 
district,  and  the  records,  papers  and  proceedings  of  said 
district  court,  and  the  seal  and  other  property  pertaining 
thereto,  shall  pass  into  the  jurisdiction  and  possession  of 
the  district  court  of  the  state  for  such  county,  except  as  pr  >- 
vided  in  the  enabling  act  of  congress,  and  until  the  district 
courts  of  this  territory  shall  be  superseded  in  the  manner 
aforesaid,  the  said  district  courts  and  the  judges  thereof 
shall  continue  with  the  same  jurisdiction  and  power  to  be 
exercised  in  the  same  judicial  districts  respectively  as  her", 
tofore  constituted  under  the  laws  of  the  territory. 

§  7.  Until  otherwise  provided  by  law,  the  seals  now  in 
use  in  the  supreme  and  district  courts  of  this  territory  are 
hereby  declared  to  be  the  seals  of  the  supreme  and  district 
courts  respectively  of  the  state. 

§  8.  Whenever  this  constituion  shall  go  into  effect,  the 
books,  records  and  papers  and  proceedings  of  the  probate 
court  in  each  county,  and  all  causes  and  matters  of  admin 
istration  and  other  matters  pending  therein,  shall  pass  into 
the  jurisdiction  and  possession  of  the  county  court  of  the 
same  county,  and  the  said  county  court  shall  proceed  to 
final  decree  or  judgment,  order  or  other  determination  in 
the  said  several  matters  and  causes  as  the  said  probate 
court  might  have  done  if  this  constituion  had  not  been 
adopted.  And  until  the  election  and  qualification  of  the 
judges  of  the  county  courts  provided  for  in  this  constitution, 
the  probate  judges  shall  act  as  the  judges  of  the  county 
courts  within  their  respective  counties,  and  the  seal  of  the 
probate  court  in  each  county  shall  be  the  seal  of  the  county 
court  therein  until  the  said  court  shall  have  procured  a  pr  >  • 
per  seal. 


STATE  OF  NORTH  DAKOTA 107 

§  9.  The  terms  "probate  court"  or  "probate  judge," 
whenever  occurring  in  the  statutes  of  the  territory,  shall 
after  this  constitution  goes  into  effect,  be  held  to  apply  to 
the  county  court  or  county  judge. 

§  10.  All  territorial,  county  and  precinct  officers,  who 
may  be  in  office  at  the  time  this  constitution  takes  effect, 
whether  holding  their  offices  under  the  authority  of  the 
United  States  or  of  the  territory,  shall  hold  and  exercise 
their  respective  offices,  and  perform  the  duties  thereof  as 
prescribed  in  this  constitution,  until  their  successors  shall 
be  elected  and  qualified  in  accordance  with  the  provisions 
of  this  constitution,  and  official  bonds  of  all  such  officers 
shall  continue  in  full  force  and  effect  as  though  this  consti- 
tution had  not  been  adopted;  and  such  officers  for  their 
term  of  service,  under  this  constitution,  shall  receive  the 
same  salaries  and  compensation  as  is  by  this  constitution 
or  by  the  laws  of  the  territory,  provided  for  like  officers; 
provided,  that  the  county  and  precinct  officers  shall  hold 
their  office  for  the  term  for  which  they  were  elected. 
There  shall  be  elected  in  each  organized  county  in  this  state, 
at  the  election  to  be  held  for  the  ratification  of  this  constitu- 
tion, a  clerk  of  the  district  court,  who  shall  hold  his  office 
under  said  election  until  his  successor  is  duly  elected  and 
qualified.  The  judges  of  the  district  court  shall  have  power 
to  appoint  state's  attorneys  in  any  organized  counties  where 
no  such  attorneys  have  been  elected,  which  appointment 
shall  continue  until  the  general  election  to  be  held  in  1890, 
and  until  his  successor  is  elected  and  qualified. 

§  11.  This  constitution  shall  take  effect  and  be  in  full 
force  immediately  upon  the  admission  of  the  territory  as  a 
state. 

§  12.  Immediately  upon  the  adjournment  of  this  con- 
vention the  governor  of  the  territory,  or,  in  case  of  his  ab- 
sence, or  failure  to  act,  the  secretary  of  the  territory,  or  in 
case  of  his  absence  or  failure  to  act,  the  president  of  the 
constituional  convention  shall  issue  a  proclamation,  which 
shall  be  published  and  copy  thereof  mailed  to  the  chair- 
man of  the  board  of  county  commissioners  of  each  county, 
calling  an  election  by  the  people  on  the  first  Tuesday  in 
October,  1889,  of  all  the  state  and  district  officers  created  and 
made  elective  by  this  constitution.  This  constitution  shall 
be  submitted  for  adoption  or  rejection  at  said  election  to  a 
vote  of  the  electors  qualified  by  the  laws  of  this  territory  to 
vote  at  all  elections.  At  the  election  provided  for  herein  the 
qualified  voters  shall  vote  directly  for  or  against  this  consti- 
tution and  for  or  against  the  article  separtely  submitted. 


108  ELECTION  LAWS 


§  13.  The  board  of  commissioners  of  the  several  coun- 
ties thall  thereupon  order  such  election  for  said  day,  and 
shall  cause  notice  thereof  to  be  given  for  the  period  of  twenty 
days,  in  the  manner  provided  by  law.  Every  qualified  elec- 
tor of  the  territory,  at  the  date  of  said  election,  shall  be  en- 
titled to  vote  thereat.  Such  election  shall  be  conducted  in 
all  respects  in  the  same  manner  as  provided  by  the  laws  of 
the  territory  for  general  elections,  and  the  returns  for  all 
state  and  district  of!ice.rs,  and  members  of  the  legislative  as- 
sembly, shall  be  made  to  the  canvassing  board  hereinattJi: 
provided  for. 

§  14.  The  governor,  secretary  and  chief  justice,  or  a  ma- 
jority of  them,  shall  constitute  a  board  of  canvassers  to  can- 
vass the  vote  of  such  election  for  all  state  and  district  offi- 
cers and  members  of  the  legislative  assembly.  The  said 
board  shall  assemble  at  the  seat  of  government  of  the  terri- 
tory on  the  fifteenth  day  after  the  day  of  such  election  (or 
on  the  following  day  if  such  day  falls  on  Sunday) ,  and  pro- 
ceed to  canvass  the  votes  on  the  adoption  of  this  constitiL- 
tion  and  for  all  state  and  district  officers  and  members  of 
the  legislative  assembly  in  the  manner  provided  by  the  laws 
of  the  territory  for  canvassing  the  vote  for  delegate  to  con- 
gress, and  they  shall  issue  certificates  of  election,  to  the  per- 
sons found  to  be  elected  to  said  offices  severally,  and  shall 
make  and  file  with  the  secretary  of  the  territory  an  abstract 
certified  by  them,  of  the  number  of  votes  cast  for  or  against 
the  adoption  of  the  constitution,  and  for  each  person  for 
each  of  said  offices,  and  of  the  total  number  of  votes  cast  in 
each  county. 

§  15.  All  officers  elected  at  such  election  shall,  within 
sixty  days  after  the  date  of  the  executive  proclamation  ad- 
mitting the  State  of  North  Dakota  into  the  union,  take  the 
oath  required  by  this  constitution,  and  give  the  same  bond 
required  by  the  law  of  the  territory  to  be  given  in  case  of 
like  officers  of  the  territory  and  districts,  and  shall  there- 
upon, enter  upon  the  duties  of  their  respective  offices,  but 
the  legislative  assembly  may  require  by  law  all  such  officers 
to  give  other  or  further  bonds  as  a  condition  of  their  con- 
tinuance in  office. 

§  16.  The  judges  of  the  district  court  who  shall  be  elected 
at  the  election  herein  provided  for  shall  hold  their  offices 
until  the  first  Monday  in  January,  1893,  and  until  their  suc- 
cessors are  elected  and  qualified.  All  other  state  officers, 
except  judges  of  the  supreme  court,  who  shall  be  elected  at 
the  election  herein  provided  for,  shall  hold  their  offices  un- 
til the  first  Monday  in  January,  1891,  and  until  their  succes- 
sors are  elected  and  qualified.    Until  otherwise  provided  by 


STATE  OF  NORTH  DAKOTA 10!) 

law,  the  judges  of  the  supreme  court  shall  receive  for  their 
services  the  salary  of  four  thousand  dollars  per  annum, 
payable  quarterly;  and  the  district  judges  shall  receive  for 
their  services  the  salary  of  three  thousand  dollars  per  an- 
num, payable  quarterly. 

§  17.  The  governor-elect  of  the  state  immediately  upon 
his  qualifying  and  entering  upon  the  duties  of  his  office  shall 
issue  his  proclamation  convening  the  legislative  assembly  of. 
the  state  at  the  seat  of  government  on  a  day  to  be  named  in 
said  proclamation,  and  which  shall  not  be  less  than  fifteen 
nor  more  than  forty  days  after  the  date  of  such  proclama- 
tion. And  said  legislative  assembly  after  organizing  shall 
proceed  to  elect  two  senators  of  the  United  States  for  the 
State  of  North  Dakota;  and  at  said  election  the  two  persons 
who  shall  receive  a  majority  of  all  the  votes  cast  by  the  said 
senators  and  representatives  shall  be  elected  such  Unite! 
States  senator.  And  the  presiding  officers  of  the  senate  and 
house  of  representatives  shall  each  certify  the  election  to 
the  governor  and  secretary  of  the  State  of  North  Dakota; 
and  the  governor  and  secretary  of  state  shall  certify  the 
election  of  such  senators  as  provided  by  law. 

§  18.  At  the  election  herein  provided  for  there  shall  be 
elected  a  representative  to  the  fifty-first  congress  of  the 
United  States,  by  the  electors  of  the  state  at  large. 

§  19.  It  is  hereby  made  the  duty  of  the  legislative  assem- 
bly at  its  first  session  to  provide  for  the  payment  of  all  debts 
and  indebtedness  authorized  to  be  incurred  by  the  constitu- 
tional convention  of  North  Dakota,  which  shall  remain  un- 
paid after  the  appropriation  made  by  congress  for  the  same 
shall  have  been  exhausted. 

§  20.  There  shall  be  submitted  to  the  same  election  at 
which  this  constitution  is  submitted  for  rejection  or  adop- 
tion, article  20,  entitled  "Prohibition,"  and  persons  who  de- 
sire to  vote  for  said  article  shall  have  written  or  printed  oa 
their  ballots  "For  Prohibition,"  and  all  persons  desiring  to 
vote  against  said  article  shall  have  written  or  printed  on 
their  ballots  "Against  Prohibition."  If  it  shall  appear  ac- 
cording to  the  returns  herein  provided  for  that  a  majority 
of  all  votes  cast  at  said  election  for  and  against  prohibition 
are  for  prohibition,  then  said  article  20  shall  be  and  form  a 
part  of  this  constitution  and  be  in  full  force  and  effect  as  such 
from  the  date  of  the  admission  of  this  state  into  the  union. 
But  if  a  majority  of  said  votes  shall  appear  according  to 
said  returns  to  be  against  prohibition  then  said  article  20 
shall  be  null  and  void  and  shall  not  be  a  part  of  this  consti- 
tution. 


110  ELECTION  LAWS 


§  21.  The  agreement  made  by  the  joint  commission  ot 
the  constitutional  conventions  of  North  Dakota  and  South 
Dakota  concerning  the  records,  books  and  archives  of  the 
Territory  of  Dakota  is  hereby  ratified  and  confirmed:  which 
agreement  is  in  the  words  following :    That  is  to  say : 

The  following  books,  records  and  archives  of  the  Terri- 
tory of  Dakota  shall  be  the  property  of  North  Dakota,  to- wit: 
All  records,  books  and  archives  in  the  offices  of  the  gover- 
nor and  secretary  of  the  territory  (except  records  of  articles 
of  incorporation  of  domestic  corporations,  returns  of  elec- 
tion of  delegates  to  the  constitutional  convention  of  1889  for 
South  Dakota,  returns  of  elections  held  under  the  so-called 
local  option  law,  in  counties  within  the  limits  of  South  Da- 
kota, bonds  of  notaries  public  appointed  for  counties  within 
the  limits  of  South  Dakota,  papers  relating  to  the  organiza- 
tion of  counties  situate  within  the  limits  of  South  Dakota, 
all  which  records  and  archives  are  a  part  of  the  records  and 
archives  of  said  secretary's  office:  excepting,  also  census 
returns  from  counties  situate  within  the  limits  of  South  Da- 
kota and  papers  relating  to  requisitions  issued  upon  the  ap- 
plication of  officers  of  counties  situate  within  tlie  limits  of 
South  Dakota,  all  of  which  are  a  part  of  the  records  and 
archives  of  said  governor's  office.) 

And  the  following  records,  books  and  archives  shall  also 
be  the  property  of  the  State  of  North  Dakota,  to-wit:  Vouch- 
ers in  the  office  or  custody  of  the  auditor  of  this  territor/ 
relating  to  expenditures  on  account  of  public  institution?, 
grounds  or  buildings  situate  within  the  limits  of  North  Dar 
kota.  One  warrant  register  in  the  office  of  the  treasury  of 
this  territory — being  a  record  of  warrants  issued  under  an  I 
by  virtue  of  chapter  24  of  the  laws  enacted  by  the  eighteenth 
legislative  assembly  of  Dakota  Territory.  All  letters,  re- 
ceipts and  vouchers  in  the  same  office  now  filed  by  counties 
and  pertaining  to  counties  within  the  limits  of  North  Da- 
kota. Paid  and  cancelled  coupons  in  the  same  office  repre- 
senting interest  on  bonds  which  said  state  of  North  Dakoti 
is  to  assume  and  pay.  Reports  of  gross  earnings  of  the  year 
1888  in  the  same  office,  made  by  corporations  operating 
lines  or  railroad  situated  wholly  or  mainly  within  the  limits 
of  North  Dakota.  Records  and  papers  of  the  office  of  the 
public  examiner  of  the  second  district  of  the  territory.  Rec- 
ords and  papers  of  the  office  of  the  district  board  of  agricul- 
ture. Records  and  papers  in  the  office  of  the  board  of  pha> 
macy  of  the  District  of  North  Dakota. 

All  records,  books  and  archives  of  the  Territory  of  Da- 
kota which  it  is  not  herein  agreed  shall  be  the  property  of 
North  Dakota,  shall  be  the  property  of  South  Dakota. 


STATE  OF  NORTH  DAKOTA 111 

The  following  books  shall  be  copied  and  the  copies  shall 
be  the  property  of  North  Dakota,  and  the  cost  of  such  copies 
shall  be  borne  equally  by  said  states  of  North  Dakota  and 
South  Dakota.    That  is  to  say: 

Appropriation  ledger  for  years  ending  November  1899-90 
— one  volume. 

The  auditor's  current  warrant  register — one  volume. 

Insurance  record  for  1889 — one  volume. 

Treasurer's  cash  book — "D." 

Assessment  ledger — "B." 

Dakota  Territory  bond  register— one  volume. 

Treasurer's  current  ledger — one  volume. 

The  originals  of  the  foregoing  volumes  which  are  to  be 
copied  shall  at  any  time  after  such  copying  shall  have  been 
completed  be  delivered  on  demand  to  the  proper  authori- 
ties of  the  State  of  South  Dakota. 

All  other  records,  books  and  archives,  which  it  is  hereby 
agreed  shall  be  the  property  of  South  Dakota,  shall  remain 
at  the  capitol  of  North  Dakota  until  demanded  by  the  legis- 
lature of  the  State  of  South  Dakota,  and  until  the  State  of 
North  Dakota  shall  have  had  a  reasonable  time  after  such 
demand  is  made  to  provide  copies  or  abstracts  of  such  por- 
tions thereof  as  the  said  State  of  North  Dakota  may  desire  to 
have  copies  or  abstracts  of. 

The  State  of  South  Dakota  may  also  provide  copies  or 
abstracts  of  such  records,  books  and  archives,  which  it  is 
agreed  shall  be  the  property  of  North  Dakota,  as  said  State 
of  South  Dakota  shall  desire  to  have  copies  or  abstracts  of. 
The  expenses  of  all  copies  or  abstracts  of  records,  books, 
and  archives  which  it  is  herein  agreed  may  be  made,  shall 
be  borne  equally  by  said  two  states. 

§  22.  Should  the  counties  containing  lands  which  form 
a  part  of  the  grant  of  lands  made  by  congress  to  the  North- 
ern Pacific  railroad  company,  be  compelled  by  law  to  re- 
fund moneys  paid  for  such  lands  or  any  of  them  by  pur- 
chasers thereof  at  tax  sales  thereof,  based  upon  taxes  illeg- 
ally levied  upon  said  lands,  then  and  in  that  case  the  State 
of  North  Dakota  shall  appropriate  the  sum  of  twenty-five 
thousand  dollars  ($25,000)  or  so  much  thereof  as  may  be 
necessary  to  reimburse  said  counties  for  the  amount  so  re- 
ceived from  said  illegal  tax  sales  and  paid  by  said  counties 
into  the  treasury  of  Dakota  Territory. 

§  23.  This  constitution  shall  after  its  enrollment  be  sign- 
ed by  the  president  of  this  convention  and  the  chief  clerk 
thereof,  and  such  delegates  as  desire  to  sign  the  same, 
whereupon  it  shall  be  deposited  in  the  office  of  the  secretary 


112  ELECTION  LAWS 


of  the  territory,  where  it  may  be  signed  at  any  time  by  any 
delegate  who  shall  be  prevented  from  signing  the  same  for 
any  reason  at  the  time  of  the  adjournment  of  this  conven- 
tion. 

§  24.  In  case  the  territorial  officers  of  the  Territory  of 
Dakota,  or  any  of  them  who  are  now  required  by  law  to 
report  to  the  governor  of  the  territory,  annually  or  bien- 
nially, shall  prepare  and  publish  such  reports  covering  the 
transactions  of  their  oflices  up  to  the  time  of  the  admission 
of  the  State  of  North  Dakota  into  the  union,  the  legislative 
assembly  shall  make  sufiicient  appropriations  to  pay  one- 
half  of  the  cost  of  such  publication. 

§  25.  The  governor  and  secretary  of  the  territory  are 
hereby  authorized  to  make  arrangements  for  the  meetin3 
of  the  first  legislative  assembly,  and  the  inauguration  of  the 
state  government. 

§  26.  The  legislative  assembly  shall  provide  for  the  edit- 
ing and  for  the  publication  in  an  independent  volume,  of 
this  constitution,  as  soon  as  it  shall  take  effect,  and  when- 
ever it  shall  be  altered  or  amended,  and  shall  cause  to  be 
published  in  the  same  volume  the  declaration  of  independ- 
ence, the  constitution  of  the  United  States  and  the  enabling 
act. 

Done  at  Bismarck,  Dakota,  in  open  convention,  this  17th 
day  of  August,  A.  D.  1889. 

F.  B.  Fancher, 
President. 
John  G.  Hamilton, 

Chief  Clerk. 


STATE  OF  NORTH  DAKOTA  113 


AMENDMENTS  TO  CONSTITUTION. 


ARTICLE  I. 

The  legislative  assembly  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises  for  any  purpose  and  shall  pass 
laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets. 

ARTICLE  II. 

§  121.  Every  male  person  of  the  age  of  twenty-one  years 
or  upwards,  belonging  to  either  of  the  following  classes,  who 
shall  have  resided  in  the  state  one  year  and  in  the  county 
six  months,  and  in  the  precinct  ninety  days  next  preceding 
any  election,  shall  be  a  qualified  elector  at  such  election. 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent,  who  shall 
have  severed  their  tribal  relations  two  years  next  preceding 
such  election. 

§  127.  No  person  who  is  under  guardianship,  non  com- 
pos mentis  or  insane,  shall  be  qualified  to  vote  at  any  elec- 
tion; nor  any  person  convicted  of  treason  or  felony  unless 
restored  to  civil  rights;  and  the  legislature  shall  by  law  es- 
tablish an  educational  test  as  a  qualification,  and  may  pre- 
scribe penalties  for  failing,  neglecting  or  refusing  to  vote  at 
any  general  election. 

ARTICLE  in. 

§  76.  The  governor  shall  have  power  in  conjunction  with 
the  board  of  pardons,  of  which  the  governor  shall  be  ex- 
officio  a  member  and  the  other  members  of  which  shall  con- 
sist of  the  attorney  general  of  the  State  of  North  Dakota, 
the  chief  justice  of  the  supreme  court  of  the  state  of 
North  Dakota  and  two  qualified  electors  who  shall  be 
appointed  by  the  governor  to  remti  fines  and  forfeitures, 
to  grant  reprieves,  commutations  and  pardons  after  con- 
viction for  all  offenses  except  treason  and  cases  of  im- 
peachment; but  the  legislative  assembly  may  by  law 
regulate  the  manner  in  which  the  remission  of  fines,  par- 
dons,  commutations   and   reprieves   may  be   applied   for. 


114  ELECTION  LAWS 


Upon  conviction  of  treason  the  governor  shall  have  the 
power  to  suspend  the  execution  of  sentence  until  the 
ease  shall  be  reported  to  the  legislative  assembly  at  its 
next  regular  session,  when  the  legislative  assembly 
shall  either  pardon  or  commute  the  sentence,  direct 
the  execution  of  the  sentence  or  grant  further  reprieve.  The 
governor  shall  communicate  to  the  legislative  assembly  at 
each  regular  session  each  case  of  remission  of  fine,  reprieve, 
commutation  or  pardon  granted  by  the  board  of  pardons, 
stating  the  name  of  the  convict,  the  crime  for  which  he  is 
convicted,  the  sentence  and  its  date  and  the  date  of  remis- 
sion, commutation,  pardon  or  reprieve,  with  their  reasons 
for  granting  the  same. 

ARTICLE  IV. 

§  179.  All  property,  except  as  hereinafter  in  this  section 
provided,  shall  be  assessed  in  the  county,  city,  township, 
village  or  district  in  which  it  is  situated,  in  the  manner  pre- 
scribed by  law.  The  franchise,  roadway,  roadbed,  rails  and 
rolling  stock  of  all  railroads,  and  the  franchise  and  all 
other  property  of  all  express  companies,  freight  line  com- 
panies, car  equipment  companies,  sleeping  car  companies, 
dining  car  companies,  telegraph  or  telephone  com- 
panies, or  corporations  operated  in  this  state  and 
used  directly  or  idirectly  in  the  carrying  of  per- 
sons, or  messages  shall  be  assessed  by  the  state 
board  of  equalization  at  their  actual  value,  and  sucli 
assessed  value  shall  be  apportioned  to  the  counties,  cities, 
towns,  villages,  townships  and  districts  in  which  such  rail- 
road companies,  express  companies,  sleeping  car  compa- 
nies, dining  car  companies,  telegraph  and  telephone  compa- 
nies are  located,  or  through  which  thejr  are  operated,  as  a 
basis  for  the  taxation  of  such  property,  in  proportion  to  the 
number  of  miles  of  such  property,  within  such  counties, 
cities,  towns,  villages,  townships  and  districts,  or  over  which 
any  part  of  such  property  is  used  or  operated  within  such 
counties,  towns,  villages,  townships  and  districts.  But 
should  any  railroad  allow  any  portion  of  its  roadway  to  be 
used  for  any  purpose  other  than  the  operation  of  a  railroad 
thereon,  such  portion  of  its  roadway,  while  so  used,  shall  be 
assessed  in  the  manner  provided  for  the  assessment  of  other 
real  property. 

ARTICLE  V. 

Subdivision  5  of  section  215. 

Fifth.  The  school  for  the  deaf  and  dumb  of  North  Da- 
kota, at  the  City  of  Devils  Lake,  in  the  County  of  Ramsey. 


STATE  OF  NORTH  DAKOTA 115 

ARTICLE  VI. 

Subdivision  8,  of  section  215. 

Eighth.  A  state  hospital  for  the  insane  at  the  City  of 
Jamestown,  in  the  County  of  Stutsman.  And  the  legislative 
assembly  shall  appropriate  twenty  thousand  acres  of  the 
grant  of  lands  made  by  the  act  of  congress  aforesaid  for 
"other  educational  and  charitable  institutions,"  to  the  bene- 
fit and  for  the  endowment  of  said  institution,  and  there 
shall  be  located  at  or  near  the  City  of  Grafton,  in  the  Coun- 
ty of  Walsh,  an  institution  for  the  feeble  minded,  on  the 
grounds  purchased  by  the  secretary  of  the  interior  for  a 
penitentiary  building. 

ARTICLE  VII. 

Addenda  to  section  176: 

The  legislative  assembly  may  further  provide  that  grain 
grown  within  the  state  and  held  therein  in  elevators,  ware- 
houses and  granaries  may  be  taxed  at  a  fixed  rate. 

ARTICLE  VIII. 

The  moneys  of  the  permanent  school  fund  and  other  edu- 
cational funds  shall  be  invested  only  in  bonds  of  school  cor- 
porations or  of  counties,  or  of  townships,  or  of  municipali- 
ties within  the  state,  bonds  issued  for  the  construction  of 
drains  under  authority  of  law  within  the  state,  bonds  of  the 
United  States,  bonds  of  the  State  of  North  Dakota,  bonds  of 
other  states;  provided,  such  states  have  never  repudiated 
any  of  their  indebtedness,  or  on  first  mortgages  on  farm 
lands  in  this  state,  not  exceeding  in  amount,  one-third  of 
the  actual  value  of  any  subdivision  on  which  the  same  may 
be  loaned,  such  value  to  be  determined  by  the  board  of  ap- 
praisal of  school  lands. 

ARTICLE  IX. 

§  158.  Minimum  Price  of  State  Lands.  No  lands  shall 
be  sold  for  less  than  the  appraised  value  and  in  no  case  for 
less  than  ten  dollars  per  acre.  The  purchaser  shall  pay  one- 
fifth  of  the  price  in  cash,  and  the  remaining  four-fifths  as 
follows :  One-fifth  in  five  years,  one-fifth  in  ten  years,  one- 
fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with  in- 
terest at  the  rate  of  not  less  than  six  per  centum,  payable 
annually  in  advance.  All  sales  shall  be  held  at  the  county 
seat  of  the  county  in  which  the  land  to  be  sold  is  situate,  and 
shall  be  at  public  auction  and  to  the  highest  bidder,  after 


116  ELECTION  LAWS 


sixty  days'  advertisement  of  the  same  in  a  newspaper  of 
general  circulation  in  the  vicinity  of  the  lands  to  be  sold, 
and  one  at  the  seat  of  government.  Such  lands  as  shall  not 
have  been  specially  subdivided  shall  be  offered  in  tracts  of 
one-quarter  section,  and  those  so  subdivided  in  the  smallest 
subdivisions.  All  lands  designated  for  sale  and  not  sold 
within  two  years  after  appraisal,  shall  be  reappraised  be- 
fore they  are  sold.  No  grant  or  patent  for  any  such  lands 
shall  issue  until  payment  is  made  for  the  same;  provided, 
that  the  lands  contracted  to  be  sold  by  the  state  shall  be 
subject  to  taxation  from  the  date  of  such  contract.  In  case 
the  taxes  assessed  against  any  of  said  lands  for  any  year 
remain  unpaid  until  the  first  Monday  in  October  of  the  fol- 
lowing year,  then  and  thereupon  the  contracts  of  sale  of 
such  lands  shall,  at  the  election  of  the  board  of  university 
and  school  lands,  become  null  and  void;  and  no  such  con^ 
tract  heretofore  made  shall  be  held  void  for  nonpayment  of 
taxes  accruing  on  the  lands  described  therein;  provide  !, 
such  taxes  shall  have  been  paid  before  this  amendment 
takes  effect;  provided,  further,  that  any  school  or  institu- 
tion land  that  may  be  required  for  townsite  purposes  may 
be  paid  for  at  any  time  and  patent  issued  therefor. 

ARTICLE  X. 

§  89.  The  supreme  court  shall  consist  of  five  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quorum  or 
pronounce  a  decision;  but  one  or  more  of  said  judges  may 
adjourn  the  court  from  day  to  day  or  to  a  day  certain. 

ARTICLE  XL 

§  158.  No  land  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The 
purchaser  shall  pay  one-fifth  of  the  price  in  cash  and  the 
remaining  fourth-fifths  as  follows:  One-fifth  in  five  years, 
one-fifth  on  or  before  the  expiration  of  ten  years,  one-fifth 
on  or  before  the  expiration  of  fifteen  years,  and  one-fifth 
on  or  before  the  expiration  of  twenty  years,  with  interest 
payable  at  the  rate  of  not  less  than  five  per  cent 
per  annum  payable  annually  in  advance;  provided, 
that  when  payments  are  made  before  due  they 
shall  be  made  at  an  interest  paying  date,  and  one 
year's  interest  in  advance  shall  be  paid  on  all  moneys  so 
paid.  All  sales  shall  be  held  at  the  county  seat  of  the  county 
in  which  the  land  to  be  sold  is  situated,  and  be  at  public 
auction  and  to  the  highest  bidder  after  sixty  days  advertise- 
ment of  the  same  in  a  newspaper  in  general  circulation  in 
the  vicinity  of  the  land  to  be  sold,  and  also  published  in  a 


STATE  OF  NORTH  DAKOTA 117 

newspaper  published  at  the  county  seat,  and  also 
in  a  newspaper  published  at  the  seat  of  govern- 
ment. Such  lands  as  shall  not  have  been  especially 
subdivided  shall  be  offered  in  tracts  of  one-quarter 
section,  and  those  subdivided  in  the  smallest  sul)- 
division.  All  lands  designated  for  sale  and  not  sold 
within  two  years  after  appraisal  shall  be  re-appraised  be- 
fore they  are  sold.  No  grant  or  patent  for  such  lands  shall 
issue  until  payment  is  made  for  the  same;  provided,  that 
the  lands  contracted  to  be  sold  by  the  state  shall  be  subject 
to  taxation  from  the  date  of  such  contract.  In  case  the  taxes 
assessed  against  any  of  said  lands  for  any  year  remain  un- 
paid until  the  first  Monday  in  October  of  the  following 
year,  then  and  thereupon  the  contract  of  sale  for  such  lands 
shall,  if  the  board  of  university  and  school  lands  so  deter- 
mine, become  null  and  void.  Any  lands  under  the  provis- 
ions of  section  158  of  the  constitution  of  the  State  of  North 
Dakota  that  have  heretofore  been  sold  may  be  paid  for,  ex- 
cept as  to  interest,  as  provided  herein;  provided,  further, 
that  any  school  or  instituion  lands  that  may  be  required  for 
township  purposes,  may  be  paid  for  at  any  time  and  patent 
issued  therefor. 

ARTICLE  XII. 

§  216.  The  following  named  public  institutions  are  here- 
by permanently  located  as  hereinafter  provided,  each  to 
have  so  much  of  the  remaining  grant  of  one  hundred  and 
seventy  thousand  acres  of  land  made  by  the  United  States 
for  "other  educational  and  charitable  institutions"  as  is  al- 
lotted by  law,  namely: 

First.  A  soldiers'  home,  when  located,  or  such  other 
charitable  institution  as  the  legislative  assembly  may  de- 
termine, at  Lisbon,  in  the  County  of  Ransom,  with  a  grant 
of  forty  thousand  acres  of  land. 

Second.  A  blind  asylum,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  the 
County  of  Pembina  as  the  qualified  electors  of  the  said 
county  may  determine  at  an  election  to  be  held  as  prescrib- 
ed by  the  legislative  assembly,  with  a  grant  of  thirty  thou- 
sand acres. 

Third.  An  industrial  school  and  school  for  manual  train- 
ing, or  such  other  educational  or  charitable  institutions  as 
the  legislative  assembly  may  provide,  at  the  town  of  Elle.i- 
dale,  in  the  County  of  Dickey,  with  a  grant  of  forty  thou- 
sand acres. 

Fourth.  A  school  of  forestry,  or  such  other  institution 
as  the  legislative  assembly  may  determine,  at  such  place  ia 


118  ELECTION  LAWS 


one  of  the  counties  of  McHenry,  Ward,  Bottineau  or  Rolette, 
as  the  electors  of  said  counties  may  determine  by  an  electioi 
for  that  purpose,  to  be  held  as  provided  by  the  legislative 
assembly. 

Fifth.  A  scientific  school,  or  such  other  educational  or 
charitable  institution  as  the  legislative  assembly  may  pre- 
scribe, at  the  City  of  Wahpeton,  County  of  Richland,  with  a 
grant  of  forty  thousand  acres. 

Sixth.  A  state  normal  school  at  the  City  of  Minot,  in  the 
County  of  Ward;  provided  that  no  other  institution  of  a 
character  similar  to  any  one  of  those  located  by  this  article, 
shall  be  established  or  maintained  without  a  revision  of 
this  constitution. 


ARTICLE  XIII. 

§  158.  No  land  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The 
purchaser  shall  pay  one-fifth  of  the  price  in  cash,  and  the 
remaining  four-fifths  as  follows: 

One-fifth  in  five  years,  one-fifth  on  or  before  the  expira- 
tion of  ten  years,  one-fifth  on  or  before  the  expiration  ol' 
fifteen  years,  and  one-fifth  on  or  before  the  expiration  of 
twenty  years,  with  interest  at  the  rate  of  not  less  than  five 
per  cent  per  annum,  payable  annually  in  advance;  provid- 
ed, that  when  payments  are  made  before  due  they  shall  be 
made  at  an  interest  paying  date,  and  one  year's  interest  in 
advance  shall  be  paid  on  all  moneys  so  paid.  All  sales  shall 
be  held  at  the  county  seat  of  the  county  in  which  the  land  io 
be  sold  is  situated,  and  shall  be  at  public  auction  and  to  the 
highest  bidder,  after  sixty  days'  advertisement  of  the  same 
in  a  newspaper  of  general  circulation  in  the  vicinity  of  the 
land  to  be  sold,  and  one  at  the  seat  of  government.  Such 
lands  as  shall  not  have  been  specially  subdivided  shall  be 
offered  in  tracts  of  one-quarter  section,  and  those  sub-di- 
vided in  the  smallest  subdivisions.  All  lands  designated  for 
sale  and  not  sold  within  two  years  after  appraisal  shall  be 
re-appraised  before  they  are  sold.  No  grant  or  patent  for 
such  lands  shall  issue  until  payment  is  made  for  the  same; 
provided  that  the  land  contracted  to  be  sold  by  the  state 
shall  be  subject  to  taxation  from  the  date  of  contract.  In 
case  the  taxes  assessed  against  any  of  said  lands  for  any 
year  remain  unpaid  until  the  first  Monday  in  October  of  the 
following  year,  then  thereupon  the  contract  of  sale  for  such 
lands  shall,  if  the  board  of  university  and  school  lands  so 
determine,  become  null  and  void.  Any  lands  under  the  pro- 
visions of  section  158  of  the  constitution  of  the  State  of  North 


STATE  OF  NORTH  DAKOTA 119 

Dakota  that  have  heretofore  been  sold,  may  be  paid  for,  ex- 
cept as  to  interest,  as  provided,  further,  that  any  school  or 
institution  lands  that  may  be  required  for  townsite  pur- 
poses, school  house  sites,  church  sites,  cemetery  sites,  sites 
for  other  educational  or  charitable  institutions,  public 
parks,  fair  grounds,  public  highways,  railroad  right  of  way, 
or  for  other  railroad  uses  and  purposes,  reservoirs  for  the 
storage  of  water  for  irrigation,  drain  ditches  or  irrigation 
ditches,  and  lands  that  may  be  required  for  any  of  the  pur- 
poses over  which  the  right  of  eminent  domain  may  be  ex- 
ercised under  the  constitution  and  the  laws  of  the  State  of 
North  Dakota,  may  be  sold  under  the  provisions  of  this  sec- 
tion, and  shall  be  paid  for,  principal  and  interest,  in  full  in 
advance,  at  the  time  of  sale,  or  at  any  time  thereafter,  and 
patent  issued  therefor,  when  principal  and  interest  are 
paid. 

ARTICLE  XIV. 

The  legislative  assembly  is  hereby  authorized  and  em- 
powered to  provide  by  law  for  the  erection,  purchasing  or 
leasing  and  operation  of  one  or  more  terminal  grain  eleva- 
tors in  the  States  of  Minnesota  or  Wisconsin,  or  both,  to  be 
maintained  and  operated  in  such  manner  as  the  legislative 
assembly  shall  prescribe,  and  provide  for  inspection,  weigh- 
ing and  grading  of  all  grain  received  in  such  elevator  or 
elevators. 


120  ELECTION  LAWS 


PROPOSED  CONSTITUTIONAL  AMENDMENTS. 


Passed  by  the  Twelfth  and  Thirteenth  Legislative  Assem- 
blies, to  be  Voted  on  at  the  Next  General  Election. 
Initiative  and  Referendum — ^Legislative. 

Chap.  93  (S.  B.  No.  5 — Bessessen)  1911  Session  Laws. 
Chap.  101  (S.  B.  No.  32— Overson)  1913  Session  Laws. 


A  CONCURRENT  RESOLUTION  for  an  Amendment  to  the 
Constitution  Providing  for  the  Initiative  and  Referendum. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring: 

That  the  following  amendment  to  the  constitution  of  the 
State  of  North  Dakota,  providing  for  the  initiative  and  ref- 
erendum shall  be  referred  to  the  next  legislative  assembly 
to  be  chosen  at  the  next  general  election  in  said  state,  and 
with  the  approval  of  said  legislative  assembly  to  be  sub- 
mitted to  the  qualified  electors  for  adoption  or  rejection,  ia 
accordance  with  the  provisions  of  section  202  of  the  consti- 
tution of  the  state  of  North  Dakota. 

Amendment.]  Section  25  of  Article  2  of  the  constitution 
of  the  state  of  North  Daokta  is  hereby  amended  to  read  as 
follows : 

§  25.  The  legislative  authority  of  the  state  of  North  Da- 
kota shall  be  vested  in  a  legislative  assembly  consisting  of 
a  senate  and  house  of  representatives,  but  the  people  reserve 
to  themselves  power  to  propose  laws  and  to  enact  or  reject 
the  same  at  the  polls,  independent  of  the  legislative  assem- 
bly, and  also  reserve  power,  at  their  own  option,  to  approve 
or  reject  at  the  polls,  any  act,  item,  section  or  part  of  any 
act  or  measure  passed  by  the  legislative  assembly.  The 
first  power  reserved  by  the  people  is  the  initiative,  or  the 
power  to  propose  measures  for  enactment  into  laws,  and  at 
least  ten  per  cent  of  the  legal  voters  to  be  secured  in  a  ma- 
jority of  the  counties  of  the  state  shall  be  required  to  pro- 
pose any  measure  by  initiative  petition,  and  every  such  peti- 
tion shall  include  the  full  text  of  the  measure  so  proposed. 
Initiative  petitions  shall  be  filed  with  the  secretary  of  state 


STATE  OF  NORTH  DAKOTA 121 

not  less  than  thirty  days  before  any  regular  session  of  the 
legislative  assembly;  he  shall  transmit  the  same  to  the  leg- 
islative assembly  as  soon  as  it  convenes.  Such  initiativ*^ 
measure  shall  take  precedence  over  all  other  measures  in 
the  legislative  assembly  except  appropriation  bills,  and  shall 
be  either  enacted  or  rejected  without  change  or  amend- 
ment by  the  legislative  assembly  within  forty  days.  If  any 
such  initiative  measure  shall  be  enacted  by  the  legislative 
assembly  it  shall  be  subject  to  referendum  petition,  or  it 
may  be  referred  by  the  legislative  assembly  to  the  people 
for  approval  or  rejection.  If  it  is  rejected  or  no  action  is 
taken  upon  it  by  the  legislative  assembly  within  said  forty 
days,  the  secretary  of  state  shall  submit  it  to  the  people  for 
approval  or  rejection  at  the  next  ensuing  regular  general 
election.  The  legislative  assembly  may  reject  any  measure 
so  proposed  by  initiative  petition  and  propose  a  different 
one  to  accomplish  the  same  purpose,  and  in  any  such  event 
both  measures  shall  be  submitted  by  the  secretary  of  state 
to  the  people  for  approval  or  rejection  at  the  next  ensuing 
regular  election.  If  conflicting  measures  submitted  to  the 
people  at  the  next  ensuing  election  shall  be  approved  by  a 
majority  of  the  votes  severally  cast  for  and  against  the 
same,  the  one  receiving  the  highest  number  of  affirmative 
votes  shall  thereby  become  valid,  and  the  other  shall  there- 
by be  rejected.  The  second  power  is  the  referendum, 
or  the  power  to  order  any  act,  item,  or  part  of  any  act  to  be 
referred  to  the  people  for  their  approval  or  rejection  at  the 
polls,  and  it  may  be  ordered  (except  as  to  laws  necessary 
for  the  immediate  preservation  of  the  public  peace,  health 
or  safety),  as  to  any  measure  or  any  parts,  items  or  sections 
of  any  measures  passed  by  the  legislative  assembly  either 
by  a  petition  signed  by  ten  per  cent  of  the  legal  voters  of  the 
state  from  a  majority  of  the  counties,  or  by  the  legislative 
assembly,  if  a  majority  of  the  members  elect  vote  therefor. 
When  it  is  necessary  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety  that  a  law  shall  become  effec- 
tive without  delay,  such  necessity  and  the  facts  creating  the 
same  shall  be  stated  in  one  section  of  the  bill,  and  if  upon 
aye  and  no  vote  in  each  house  two-thirds  of  all  the  mem- 
bers elected  to  each  house  shall  vote  on  a  separate  roll  call 
in  favor  of  the  said  law  going  into  instant  operation  for  the 
immediate  preservation  of  the  public  peace,  health  or  safe- 
ty, such  law  shall  become  operative  upon  approval  by  the 
governor. 

The  filing  of  a  referendum  petition  against  one  or  more 
items,  sections  or  parts  of  an  act  shall  not  delay  the  remain- 
der of  that  act  from  becoming  operative.  Referendum  peti- 
tions against  measures  passed  by  the  legislative  assembly 


122  ELECTION  LAWS 


shall  be  filed  with  the  secretary  of  state  not  more  than  ninety 
days  after  the  final  adjournment  of  the  session  of  the  legis- 
lative assembly  which  passed  the  measure  on  which  the  ref- 
erendum is  demanded.  The  veto  power  of  the  governor 
shall  not  extend  to  measures  referred  to  the  people.  All 
elections  on  measures  referred  to  the  people  of  the  state 
shall  be  had  at  biennial  regular  elections,  except  as  pro- 
vision may  be  made  by  law  for  a  special  election  or  elec- 
tions. Any  measure  referred  to  the  people  shall  take  effect 
when  it  is  approved  by  a  majority  of  the  votes  cast  thereon 
and  not  otherwise,  and  shall  be  in  force  from  the  date  of 
the  official  declaration  of  the  vote. 

The  enacting  clause  of  all  the  initiative  bills  shall  be,  "Be 
it  enacted  by  the  people  of  the  state  of  North  Dakota."  This 
section  shall  not  be  construed  to  deprive  any  member  of  the 
legislative  assembly  of  the  right  to  introduce  any  measure. 
The  whole  number  of  votes  for  secretary  of  state  at  the  reg- 
ular election  last  preceding  the  filing  of  any  petition  for  the 
initiative  or  for  the  referendum  shall  be  the  basis  on  which 
the  number  of  legal  voters  necessary  to  sign  such  petition 
shall  be  counted. 

Petitions  and  orders  for  the  initiative  and  for  the  referen- 
dum shall  be  filed  with  the  secretary  of  state,  and  in  submit- 
ting the  same  to  the  people  he  and  all  other  officers  shall  be 
guided  by  the  general  laws  and  the  act  submitting  this 
amendment  until  legislation  shall  be  specially  provided 
therefor. 

This  amendment  shall  be  self  executing,  but  legislation 
may  be  enacted  to  facilitate  its  operation. 


Initiative  and  Referendum — Constitution. 

Chap.  89  (S.  B.  153— Gibbens)  1911  Session  Laws. 
Chap.  98  (S.  B.  73— Gibbens)  1913  Session  Law.s 

A  CONCURRENT  RESOLUTION  Amending  the  Constitu- 
tion of  State  of  North  Dakota,  Providing  for  the  Future 
Amendment  Thereof. 

Be  it  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring: 

§  1.  That  the  following  proposed  amendment  to  section 
202  of  article  15  of  the  constitution  of  the  State  of  North  Da- 
kota, be  referred  to  the  legislative  assembly  to  be  chosen  at 
the  next  general  election  in  the  State  of  North  Dakota,  to 
be,  if  approved,  by  said  last  mentioned  legislative  assem- 
bly, submitted  to  the  qualified  electors  of  the  state  for  ap- 


STATE  OF  NORTH  DAKOTA 123 

proval  or  rejection  in  accordance  with  the  provisions  of 
section  202  of  the  constitution  of  the  State  of  North  Dakota. 

Amendment.]  Article  15,  section  202,  of  the  constitution 
of  the  State  of  North  Dakota  is  amended  so  as  to  read  as 
follows : 

§  202.  This  constitution  may  be  amended  so  as  to  read 
as  follows: 

First:  Any  amendment  or  amendments  to  this  constitu- 
tion may  be  proposed  in  either  house  of  the  legislative  as- 
sembly; and  if  the  same  shall  be  agreed  to  by  a  majority  Ol 
the  members  elected  to  each  of  the  two  houses,  such  pro- 
posed amendment  shall  be  entered  on  the  journal  of  the 
house  with  the  yeas  and  nays  taken  thereon,  and  referred  1  o 
the  legislative  assembly  to  be  chosen  at  the  next  general 
election,  and  shall  be  published,  as  provided  by  law,  for 
three  months  previous  to  the  time  of  making  such  choice, 
and  if  in  the  legislative  assembly  so  next  chosen  as  aforesaid 
such  proposed  amendment  or  amendments  shall  be  agreed 
to  by  a  majority  of  all  members  elected  to  each  house,  then 
it  shall  be  the  duty  of  the  legislative  assembly  to  submit 
such  proposed  amendment  or  amendments  to  the  people  in 
such  manner  and  at  such  times  as  the  legislative  assembly 
shall  provide;  and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a  majority  of  the  elec- 
tors qualified  to  vote  for  members  of  the  legislative  assem- 
bly voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  constitution  of  this  state.  If  two  or 
more  amendments  shall  be  submitted  at  the  same  time,  they 
shall  be  submitted  in  such  manner  that  the  electors  shall 
vote  for  or  against  each  of  such  amendments  separately. 

Second.  Any  amendment  or  amendments  to  this  consti- 
tution may  also  be  proposed  by  the  people  by  the  filing  with 
the  secretary  of  state,  at  least  six  months  previous  to  a  gen- 
eral election,  of  an  initiative  petition  containing  the  signa- 
tures of  at  least  twenty-five  per  cent  of  the  legal  voters  in 
each  of  not  less  than  one-half  of  the  counties  of  the  state. 
When  such  petition  has  been  properly  filed  the  proposed 
amendment  or  amendments  shall  be  published  as  the  legis- 
lature may  provide,  for  three  months  previous  to  the  gen- 
eral election,  and  shall  be  placed  upon  the  ballot  to  be  voted 
upon  by  the  people  at  the  next  general  election.  Should  any 
such  amendment  or  amendments  proposed  by  initiative  pe- 
tition and  submitted  to  the  people  receive  a  majority  of  all 
the  legal  votes  cast  at  such  general  election,  such  amend- 
ment or  amendments  shall  be  referred  to  the  next  legisla- 
tive assembly  and  should  such  proposed   amendment   or 


124  ELECTION  LAWS 


amendments  be  agreed  upon  by  a  majority  of  all  the  mem- 
bers elected  to  each  house,  such  amendment  or  amendments 
shall  become  a  part  of  the  constitution  of  this  state.  Should 
any  amendment  or  amendments  proposed  by  initiative  peti- 
tion and  receiving  a  majority  of  all  the  votes  cast  at  the 
general  election  as  herein  provided,  but  failing  to  receive 
approval  by  the  following  legislative  assembly  to  which  it 
has  been  referred,  such  amendment  or  amendments  shall 
again  be  submitted  to  the  people  at  the  next  general  election 
for  their  approval  or  rejection  as  at  the  previous  general 
election.  Should  such  amendment  or  amendments  receive 
a  majority  of  all  the  legal  votes  cast  at  such  succeeding  gen- 
eral election  such  amendment  or  amendments  at  once  be- 
come a  part  of  the  constitution  of  this  state.  Any  amend- 
ment or  amendments  proposed  by  initiative  petition  and 
failing  of  adoption  as  herein  provided,  shall  not  be  again 
considered  until  the  expiration  of  six  years. 


Changing  Name  of  the  State  Blind  Asylum. 

Chap.  97  (  H.  B.  78— O'Connor)  1911  Session  Laws. 
Chap.  95  (S.  B.  219— Ganssle)   1913  Session  Laws. 

A  CONCURRENT  RESOLUTION.  ' 

To  Amend  Section  216  of  the  Constitution  of  the  State  of 
North  Dakota,  Pertaining  to  Public  Institutions. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring  Therein: 

That  the  following  proposed  amendment  to  the  Constitu 
tion  of  the  State  of  North  Dakota  adopted  by  the  Twelfth 
Legislative  Assembly  and  by  it  referred  to  the  Thirteenth 
Legislative  Assembly  for  approval  or  rejection,  is  hereby 
agreed  to  and  such  amendment  shall  be  submitted  to  the 
qualified  electors  of  the  state  at  the  next  general  election 
for  approval  or  rejection  in  accordance  with  the  provisions 
of  Section  202  of  the  Constitution  of  the  State  of  North  Da- 
kota: 

Amendment.]  That  Section  216  of  the  Constitution  of 
the  State  of  North  Dakota  is  amended  to  read  as  follows : 

The  following  named  public  instituions  are  hereby  per- 
manently located  as  hereinafter  provided,  each  to  have  so 
much  of  the  remaining  grant  of  one  hundred  and  seventy 
thousand  acres  of  land  made  by  the  United  States  for  "Other 


STATE  OF  NORTH  DAKOTA 125 

Educational  and  Charitable  Institutions,"  as  is  allotted  by 
law,  viz. : 

First.  A  soldiers'  home,  when  located,  or  such  other 
charitable  institution  as  the  Legislative  Assembly  may  de- 
termine, at  Lisbon,  in  the  County  of  Ransom,  with  a  grant 
of  forty  thousand  acres  of  land. 

Second.  The  school  for  the  blind  of  North  Dakota,  at 
Bathgate,  in  the  County  of  Pembina,  with  a  grant  of  thirty 
thousand  acres. 

Third.  An  industrial  school  and  school  for  manual 
training  or  such  other  educational  or  charitable  institution 
as  the  Legislative  Assembly  may  provide  at  the  town  of 
Ellendale,  in  the  County  of  Dickey  with  a  grant  of  forty 
thousand  acres. 

Fourth.  A  school  of  Forestry,  or  such  other  institution 
as  the  Legislative  Assembly  may  determine,  at  the  city  of 
Bottineau,  in  the  County  of  Bottineau. 

Fifth.  A  scientific  school,  or  such  other  educational  or 
charitable  institution  as  the  Legislative  Assembly  may  pre- 
scribe, at  the  City  of  Wahpeton,  County  of  Richland,  with 
a  grant  of  forty  thousand  acres. 

Sixth.  A  state  normal  school  at  the  City  of  Minot,  in  the 
County  of  Ward;  provided,  that  no  other  institution,  of  a 
character  similar  to  any  one  of  those  located  by  this  Article, 
shall  be  established  or  maintained  without  a  revision  of 
this  Constitution. 

Approved  March  10,  1913. 


STATE  AID  FOR  HIGHWAYS 

Chap.  91  (S.  B.  247— Welo)  1911  Session  Laws. 
Chap.  100  (S.  B.  67— Albrecht)  1913  Session  Laws. 

A  CONCURRENT  RESOLUTION. 

Amending  Section  185  of  the  Constitution  of  the  State  of 
North  Dakota,  Relating  to  State  Aid  in  the  Construction 
and  Improvement  of  Public  Highways. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring- 

The  following  proposed  amendment  to  the  Constitution 
of  the  State  of  North  Dakota  adopted  by  the  Twelth  Legis- 


126  ELECTION  LAWS 


lative  Assembly  of  the  State  of  North  Dakota  and  by  it 
referred  to  the  Thirteenth  Legislative  Assembly  of  said 
state  for  approval  or  rejection,  is  hereby  agreed  to,  and 
such  amendment  shall  be  submitted  to  the  qualified  elec- 
tors of  the  state  at  the  next  general  election  for  approval 
or  rejection  in  accordance  with  the  provisions  of  Section 
202  of  the  Constitution  of  the  State  of  North  Dakota. 

Amendment  to  constitution.]  That  Section  185  of  Ar- 
ticle 12  of  the  Constitution  of  the  State  of  North  Dakota  is 
hereby  amended  to  read  as  follows: 

§  185.  Neither  the  state  nor  any  county,  city,  township, 
town,  school  district  or  any  other  political  sub-division 
shall  loan  or  give  its  credit  or  make  donations  to  or  in  aid 
of  any  individual,  association  or  corporation,  except  for 
necessary  support  of  the  poor,  nor  subscribe  to  or  become 
the  owner  of  the  capital  stock  of  any  association  or  corpor- 
ation, nor  shall  the  state  engage  in  any  work  or  internal 
improvement  unless  authorized  by  a  two-third  vote  of  the 
people.  Provided,  that  the  state  may  appropriate  money 
in  the  treasury  or  to  be  thereafter  raised  by  taxation  for 
the  construction  or  improvement  of  public  highways. 


Approved  February  27,  1913. 


TERMINAL  ELEVATORS  WITHIN  THE  STATE 

Chap.  90  (S.  B.  229— Plain)  1911  Session  Laws. 
Chap.  104  (S.  B.  110— Plain)  1913  Session  Laws. 

A  CONCURRENT  RESOLUTION  Amending  the  Constitu- 
tion of  the  State  of  North  Dakota,  Empowering  the  Leg- 
islative Assembly  to  Provide  by  Law  for  Erection,  Leas- 
ing, Purchasing  and  Operating  Terminal  Elevators  in 
the  State  of  North  Dakota. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring- 

That  the  following  proposed  amendment  to  the  Constitu- 
tion of  the  State  of  North  Dakota  adopted  by  the  Twelfth 
Legislative  Assembly  of  the  State  of  North  Dakota,  and  by 
it  referred  to  the  Thirteenth  Legislative  Assembly  of  said 
state  for  approval  or  rejection,  is  hereby  agreed  to  and 
such  amendment  shall  be  submitted  to  the  qualified  elec- 
tors of  the  state  at  the  next  general  election  for  approval  or 
rejection  in  accordance  with  the  provisions  of  Section  202 
of  the  Constitution  of  the  State  of  North  Dakota. 


STATE  OF  NORTH  DAKOTA 127 

Amendment.]  The  Legislative  Assembly  is  hereby  au- 
thorized and  empowered  to  provide  by  law  for  the  erec- 
tion, purchase  or  leasing  and  operation  of  one  or  more 
terminal  grain  elevators  in  the  State  of  North  Dakota,  to  be 
maintained  and  operated  in  such  manner  as  the  Legisla- 
tive Assembly  shall  prescribe,  and  provide  for  inspection, 
weighing  and  grading  of  all  grain  received  in  such  elevator 
or  elevators. 

Approved  March  10,  1913. 


PROPOSED   CONSTITUTIONAL  AMENDMENTS 

Proposed  Constitutional  Amendments  Passed  by  the 
Thirteenth  Legislative  Assembly  and  to  be  Submitted  to 
the  Fourteenth  Legislative  Assembly. 

CHAPTER  96. 

(S.  B.  No.  259— McBride.) 

A  CONCURRENT  RESOLUTION. 

Amending  Section  216  of  the  Constitution  of  the  State  of 
North  Dakota,  Establishing  and  Locating  a  State  Normal 
School  in  the  City  of  Dickinson,  County  of  Stark. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring- 

That  the  following  proposed  amendment  to  Section  21S 
of  the  Constitution  of  the  State  of  North  Dakota,  be  re- 
lerred  to  the  Legislative  Assembly  to  be  chosen  at  the  next 

general  election  in  said  state  to  be  by  said  last  mentioned 
.egislative  Assembly  submitted  to  the  qualified  electors  of 
the  state  for  approval  or  rejection  in  accordance  with  the 
provisions  of  Section  202  of  the  Constitution  of  the  State  of 
North  Dakota. 

Amendment.]  That  Section  216  of  the  Constitution  of 
the  State  of  North  Dakota  be  amended  to  read  as  follows: 

§  216.  The  following  named  public  institutions  are  here- 
by permanently  located  as  hereinafter  provided,  each  to 
have  so  much  of  the  remaining  grant  of  one  hundred  and 
seventy  thousand  acres  of  land  made  by  the  United  States 
for  "other  educational  and  charitable  institutions"  as  is  al- 
lotted by  law,  namely: 

First:  A  soldiers'  home,  when  located,  or  such  other 
chaFitable  institution  as  the  Legislative  Assembly  may  de- 


128  ELECTION  LAWS 


termine  at  Lisbon,  in  the  County  of  Ransom,  with  a  grant 
of  forty  thousand  acres  of  land. 

Second:  A  blind  asylum,  or  such  other  institution  as 
the  Legislative  Assembly  may  determine,  at  such  place  in 
the  County  of  Pembina  as  the  qualified  electors  of  said 
county  may  determine  at  an  election  to  be  held  as  pre- 
scribed by  the  Legislative  Assembly,  with  a  grant  of  thirtj'^ 
thousand  acres. 

Third:  An  industrial  school  and  school  for  manual 
training  or  such  other  educational  or  charitable  institutio  i 
as  the  Legislative  Assembly  may  provide,  at  the  town  of 
Ellendale,  in  the  County  of  Dickey  with  a  grant  of  forty 
thousand  acres. 

Fourth:  A  school  of  forestry,  or  such  other  institution 
as  the  Legislative  Assembly  may  determine,  at  such  place 
in  one  of  the  counties  of  McHenry,  Ward,  Bottineau  or 
Rolette,  as  the  electors  of  said  counties  may  determine  by 
an  election  for  that  purpose,  to  be  held  as  provided  by  the 
Legislative  Assembly. 

Fifth:  A  scientific  school  or  such  other  educational  or 
charitable  institution  as  the  Legislative  Assembly  may  pre- 
scribe, at  the  City  of  Wahpeton,  County  of  Richland,  with 
a  grant  of  forty  thousand  acres. 

Sixth:  A  state  normal  school  at  the  City  of  Minot,  in 
the  County  of  Ward. 

Seventh:  (a)  A  state  normal  school  at  the  City  of 
Dickinson,  in  the  County  of  Stark. 

Provided^  that  no  other  institution  of  a  character  similar 
to  any  one  of  those  located  by  this  Article  shall  be  estab- 
lished or  maintained  without  a  revision  of  this  constitution. 

Approved  March  10,  1913. 


CHAPTER  97. 

(S.  B.  No.  157— Bronson.) 

A  CONCURRENT  RESOLUTION. 

For  an  Amendment  to  the  Constitution  Providing  for  the 
Elective  Franchise. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Therein  Concurring: 

That  the  following  amendment  to  the  Constitution  of  the 
State  of  North  Dakota  be  referred  to  the  Legislative  Assem- 


STATE  OF  NORTH  DAKOTA 129 

bly  to  be  chosen  at  the  next  general  election,  be  published, 
and  upon  agreement,  by  the  Legislature  so  chosen  next,  ^s 
aforesaid  to  be  submitted  to  the  people  at  the  general  elec- 
tion in  the  year  1916  for  approval  or  rejection,  in  accord- 
ance with  the  provisions  of  Section  202  of  the  Constitution 
of  the  State  of  North  Dakota : 

Section  121  of  Article  5  of  the  Constitution  of  North  Da- 
kota, as  amended  by  Article  2  of  the  Amendments  to  tho 
said  Constitution,  shall  be  and  is  hereby  amended  and  re- 
enacted  to  read  as  follows: : 

§  121.  Every  person  of  the  age  of  twenty-one  years  or 
upwards,  belonging  to  either  of  the  following  classes,  who 
shall  have  resided  in  the  state  one  year  and  in  the  county 
three  months  and  in  the  precinct  sixty  days  next  preceding 
any  election,  shall  be  a  qualified  elector  at  such  election. 

First:     Citizens  of  the  United  States. 

Second:  Civilized  persons  of  Indian  descent  who  shall 
have  severed  their  tribal  relations  two  years  next  preced- 
ing such  election. 

Approved  March  10,  1913. 


(S.  B.  No.  319— Committee  on  State  Affairs.) 

A  CONCURRENT  RESOLUTION 

Amending  the  Constitution  of  the  State  of  North  Dakota 
Providing  for  the  Establishment  and  Location  of  a  State 
Hospital  for  the  Insane. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring- 

The  following  proposed  amendment  to  Section  216,  Ar- 
ticle 19  of  the  Constitution  of  the  State  of  North  Dakota  is 
referred  to  the  Legislative  Assembly  to  be  chosen  at  the 
next  general  election  in  said  state,  to  be  by  such  last  men- 
tioned Legislative  Assembly  submitted  to  the  qualified 
electors  of  this  state  for  approval  or  rejection  in  acordanci 
with  the  provisions  of  Section  202  of  the  Constitution  of 
the  State  of  North  Dakota. 

Amendment.]  Section  216  of  the  Constitution  of  the 
State  of  North  Dakota  is  amended  to  read  as  follows: 

§  216.  The  following  named  public  institutions  arc 
hereby  permanently  located  as  hereinafter  provided,  each 


130  ELECTION  LAWS 


to  have  so  much  of  the  remaining  grant  of  one  hundred 
and  seventy  thousand  (170,000)  acres  of  land  made  by  tho 
United  States  for  "other  educational  and  charitable  insti- 
tutions" as  is  allotted  by  law,  namely; 

First:  A  soldiers'  home,  when  located,  or  such  other 
charitable  institution  as  the  Legislative  Assembly  may  de- 
termine, at  Lisbon,  in  the  County  of  Ransom,  with  a  grant 
of  forty  (40000)  acres  of  land. 

Second:  A  blind  asylum,  or  such  other  institution  as 
the  Legislative  Assembly  may  determine  at  such  place  in 
the  County  of  Pembina  as  the  qualified  electors  of  sai  I 
county  may  determine,  at  an  election  to  be  held  as  pre- 
scribed by  the  Legislative  Assembly,  with  a  grant  of  thirty 
thousand  (30,000)  acres. 

Third:  An  industrial  school  and  school  for  manual 
training,  or  such  other  educational  or  charitable  institution 
as  the  Legislative  Assembly  may  provide,  at  the  town  of 
Ellendale,  in  the  County  of  Dickey,  with  a  grant  of  forty 
thousand  (40,000)  acres. 

Fourth:  A  School  of  Forestry,  or  such  other  institution 
as  the  Legislative  Assembly  may  determine,  at  such  placi 
in  one  of  the  counties  of  McHenry,  Ward,  Bottineau  and 
Rolette,  as  the  electors  of  the  said  counties  may  determino 
by  an  election  for  that  purpose,  to  be  held  as  provided  by 
the  Legislative  Assembly. 

Fifth:  A  Scientific  School,  or  such  other  educational  or 
charitable  institution  as  the  Legislative  Assembly  may  pre- 
scribe at  the  City  of  Wahpeton,  County  of  Richland,  with  a 
grant  of  forty  thousand  (40,000)  acres. 

Sixth:  A  state  normal  school  at  the  City  of  Minot,  in  the 
County  of  Ward. 

Seventh:  (B)  A  state  hospital  for  the  insane  at  such 
place  within  this  state  as  shall  be  selected  by  the  Legist  i  - 
tive  Assembly;  provided,  that  no  other  institution  of  a  char- 
acter similar  to  any  one  of  those  located  by  this  ArticJe 
shall  be  established  or  maintained  without  a  revision  of 
this  Constitution. 

Approved  March  10,  1913. 


STATE  OF  NORTH  DAKOTA 131 

(S.  B.  No.  370— Hanley.) 

A  CONCURRENT  RESOLUTION. 

Amending  the  Constitution  of  the  State  of  North  Dakota, 
Changing  the  Name  of  the  State  Reform  School  Located 
at  Mandan,  in  tlie  County  of  Morton,  to  that  of  State 
Farm  and  Mechanic  Art  School. 

Be  It  Resolved  by  the  Senate  of  the  State  of  North  Dakota, 
the  House  of  Representatives  Concurring- 

That  the  following  proposed  amendment  to  Section  215 
of  the  Constitution  of  the  State  of  North  Dakota  be  re- 
ferred to  the  Legislative  Assembly  to  be  chosen  at  the  next 
general  election  in  said  state  to  be  by  said  last  mentioned 
Legislative  Assembly  submitted  to  the  qualified  electors  of 
the  state  for  approval  or  rejection  in  accordance  with  th^ 
provisions  of  Section  202  of  the  Constitution  of  the  State  of 
North  Dakota. 

Amendment.]  Article  19,  Section  215  of  the  Constituion 
of  the  State  of  North  Dakota  is  amended  so  as  to  read  as 
follows: 

§  215.  The  following  public  institutions  of  the  state  are 
permanently  located  at  the  places  hereinafter  named,  each 
to  have  the  lands  specifically  granted  to  it  by  the  United 
States  in  the  Act  of  Congress  approved  February  22,  1880, 
to  be  disposed  of  and  used  in  such  manner  as  the  Legisla- 
tive Assembly  may  prescribe  subject  to  the  limitations  pro- 
vided in  the  Article  on  school  and  public  lands  contained 
in  this  Constitution. 

First:  The  seat  of  government  at  the  City  of  Bismarck, 
in  the  County  of  Burleigh. 

Second:  The  State  University  and  the  School  of  Mines 
at  the  City  of  Grand  Forks,  in  the  County  of  Grand  Forks. 

Third:  The  Agricultural  College  at  the  City  of  Fargo, 
in  the  County  of  Cass. 

Fourth:  A  State  Normal  School  at  the  City  of  Valley 
City,  in  the  County  of  Barnes,  and  the  Legislative  Assem- 
bly in  apportioning  the  grant  of  eighty  thousand  acres  of 
land  for  normal  school  made  in  the  act  of  Congress  re- 
ferred to  shall  grant  to  the  said  normal  school  at  Valley 
City,  as  aforementioned,  fifty  thousand  (50,000)  acres,  and 
said  lands  are  hereby  appropriated  to  said  institution  for 
that  purpose. 

Fifth:  The  School  for  the  Deaf  and  Dumb  of  North  Da- 
kota at  the  City  of  Devils  Lake,  in  the  County  of  Ramsey. 


132  ELECTION  LAWS 


Sixth:  A  State  Farm  and  Mechanic  Arts  School  at  the 
City  of  Mandan,  in  the  County  of  Morton. 

Seventh:  A  State  Normal  School  at  the  City  of  May 
ville,  in  the  County  of  Traill,  and  the  Legislative  Assembly 
in  apportioning  the  grant  of  lands  made  by  Congress  in  th::; 
Act  aforesaid  for  state  normal  schools,  shall  assign  thirty 
thousand  (30,000)  acres  to  the  institution  hereby  located  at 
Mayville,  and  said  lands  are  hereby  appropriated  for  sai  I 
purpose. 

Eighth:  A  State  Hospital  for  the  Insane  at  the  City  of 
Jamestown,  in  the  County  of  Stutsman.  And  the  Legisla- 
tive Assembly  shall  appropriate  twenty  thousand  acres  of 
the  grant  of  lands  made  by  the  Act  of  Congress  aforesaid 
for  other  educational  and  charitable  institutions  to  the 
benefit  and  for  the  endowment  of  said  institution,  and  there 
shall  be  located  at  or  near  the  City  of  Grafton,  in  the  County 
of  Walsh,  an  institution  for  the  feeble  minded,  on  the 
grounds  purchased  by  the  secretary  of  the  interior  for  a 
penitentiary  building. 

Approved  March  10,  1913. 


(H.  B.  No.  116— Norheim.) 

A  CONCURRENT  RESOLUTION 

Amending  the  Constitution  of  the  State  of  North  Dakotc^ 
Relating  to  Uniformity  of  Taxation,  and  Permitting  the 
Classification  of  Property  for  the  Purpose  of  Taxation 
and  Relating  Further  to  the  Assessment  and  Taxation 
of  Certain  Public  Utility  Companies. 

Be  It  Resolved  by  the  House  of  Representatives  of  the  State 
of  North  Dakota,  the  Senate  Concurring: 

The  following  proposed  amendments  to  Sections  176  an  I 
179,  as  amended  by  Article  4  of  the  Constitution  of  North 
Dakota,  of  Article  11  of  the  Constitution  of  North  Dakota, 
adopted  by  the  Twelfth  Legislative  Assembly,  and  by  it  re- 
ferred to  the  Thirteenth  Legislative  Assembly  of  said  state 
for  approval  or  rejection  are  hereby  agreed  to  and  such 
amendments  shall  be  submitted  to  the  qualified  voters  of 
the  state  at  the  next  general  election  for  approval  or  rejec- 
tion, in  accordance  with  the  provisions  of  Section  202  of 
the  Constitution  of  the  State  of  North  Dakota. 

§  1.  Amendment.]  Section  176.  Taxes  shall  be  uniform 
upon  the  same  class  of  property,  including  franchises  witli- 


STATE  OF  NORTH  DAKOTA 133 

in  the  territorial  limits  of  the  authority  levying  the  tax,  and 
shall  be  levied  and  collected  for  public  purposes  only,  but 
the  property  of  the  United  States,  and  of  the  state,  county 
and  municipal  corporations,  shall  be  exempt  from  taxa- 
tion; and  the  Legislative  Assembly  shall  by  a  general  lav 
exempt  from  taxation  property  used  exclusively  for  school, 
religious,  cemetery,  charitable  or  other  public  purposes,  and 
personal  property  to  any  amount  not  exceeding  in  value 
two  hundred  dollars  for  each  individual  liable  to  taxation; 
provided  that  all  taxes  and  exemption  in  force  when  this 
amendment  is  adopted  shall  remain  in  force,  in  the  same 
manner  and  to  the  same  extent  until  otherwise  provided  by 
statute. 

§  2.  Amendment.]  Section  179,  as  amended  by  Article 
4  of  the  Constitution  of  the  State  of  North  Dakota,  is 
amended  to  read  as  follows : 

§  179.  All  taxable  property  except  as  hereinafter  in  this 
Section  provided,  shall  be  assessed  in  the  county,  city,  town- 
ship, village  or  district  in  which  it  is  situated,  in  the  man- 
ner prescribed  by  law.  The  property  including  franchises 
of  all  railroads  operated  in  this  state,  and  of  all  express 
companies,  freight  line  companies,  dining  car  companies, 
sleeping  car  companies  car  equipment  companies,  or  pri- 
vate car  line  companies,  telegraph  or  telephone  companies 
or  corporations  operating  in  this  state  and  used  directly  or 
indirectly  in  the  carrying  of  persons,  property,  or  messages, 
shall  be  assessed  by  the  state  board  of  equalization  in  a 
manner  prescribed  by  such  state  board  of  commissions  as 
may  be  provided  by  law.  But  should  any  railroad  allow 
any  portion  of  its  railway  to  be  used  for  any  purpose  other 
than  the  operation  of  a  railroad  thereon  such  portion  of  its 
railway,  while  so  used,  shall  be  assessed  in  the  manner  pro- 
vided for  the  assessment  of  other  real  property. 

Approved  February  26,  1913. 


GENERAL  ELECTION  LAWS 

§  603.  General  election,  w^hen  held.]  On  the  first 
Tuesday  after  the  first  Monday  in  November  of  each  even 
numbered  year  an  election  shall  be  held  in  the  several 
election  districts  of  the  state  which  shall  be  known  as  the 
general  election,  and  the  several  state,  district  and  county 
officers,  judges  of  the  supreme  and  district  courts,  mem- 
bers of  the  legislative  assembly  and  members  of  the  con- 
gress of  the  United  States,  shall  be  elected  at  the  general 


134  ELECTION  LAWS 


election  next  preceding  the  expiration  of  the  term  of  each 
of  such  officers,  respectively,  except  such  officers  as  are  re- 
quired by  law  to  be  elected  at  special  elections,  and  on  a 
year  when  a  president  and  a  vice  president  of  the  United 
States  are  to  be  chosen  a  number  of  electors  of  president 
and  vice  president  of  the  United  States  equal  to  the  num- 
ber of  senators  and  representatives  to  which  this  state  is 
entitled  in  the  congress  of  the  United  States  shall  be 
elected  at  such  election.     [R.  G.  1899,  §  477.] 

§  604.  Highest  number  of  votes  elects.]  In  all  elec- 
tions for  the  choice  of  any  officer,  unless  it  is  otherwise  ex- 
pressly provided,  the  person  receiving  the  highest  number 
of  votes  for  any  office  shall  be  deemed  to  have  been  elected 
to  that  office.    R.  C.  1899,  §  478.] 

§  605.  Who  entitled  to  vote.]  Every  person  of  the  age 
of  twenty-one  years  or  upwards,  belonging  to  either  of  the 
following  classes,  who  shall  have  resided  in  the  state  one 
year  and  in  the  county  six  months,  and  in  the  precinct 
ninety  days  next  preceding  any  election,  shall  be  a  quali- 
fied elector  at  such  election: 

First:     Citizens  of  the  United  States. 

Second:  Civilized  persons  of  Indian  descent  who  shall 
have  severed  their  tribal  relations  two  years  next  preceding 
such  election,  provided  they  have  complied  with  the  pro- 
visions of  any  law  which  is  now  or  may  in  the  future  be  in 
force  relating  to  the  registration  of  voters,  and  all  persons 
possessing  the  qualifications  mentioned  in  this  Section,  and 
who  have  resided  in  this  state  one  year,  shall  be  eligible  to 
any  office  in  this  state,  except  as  otherwise  provided  in  the 
Constitution. 

This  Act  shall  not  be  in  force  until  adopted  by  a  majority 
of  the  electors  of  the  state,  voting  at  the  general  election 
to  be  held  in  the  year  1914,  and  this  Act  shall  be  submitted 
for  adoption  to  the  electors  at  such  general  election  in  191 1. 
(1913  ch.  151.) 

§  606.  Qualifications  of  Indian  voters.]  No  Indian  or 
person  of  Indian  descent  who  has  not  received  a  final  pat- 
ent conveying  the  title  in  fee  of  lands  alloted  to  him  within 
the  boundaries  of  this  state,  pursuant  to  an  act  of  the  con- 
gress of  the  United  States,  approved  February  8,  1887,  and 
entitled  "An  act  to  provide  for  the  allotment  of  lands  in 
severalty  to  Indians  on  the  various  reservations,  and  to  ex- 
tend the  protection  of  the  laws  of  the  United  States  and  the 
territories  over  the  Indians,  and  for  other  purposes,"  shall 
be  deemed  a  qualified  elector  of  the  state  of  North  Dakota, 


STATE  OF  NORTH  DAKOTA 135 

or  be  entitled  to  the  rights  and  privileges  of  an  elector 
therein  unless  he  was  born  within  the  limits  of  the  United 
States,  and  has  voluntarily  taken  up  his  residence  within 
this  state  separate  and  apart  from  any  tribe  of  Indians 
therein,  and  adopted  the  habits  of  civilized  life,  and  is  in 
no  manner  subject  to  the  authority  of  any  Indian  chief  or 
council  or  Indian  agent  of  the  United  States.  [1895,  ch.  58, 
§  1;  R.  G.  1899,  §480.] 

(Unconstitutional  in  so  far  as  it  restricts  the  right  of 
suffrage.  State  ex  rel  Tompton  v.  Denoyer,  et  al,  6  N. 
D.  586,  75  N.  W.  1014 

Article  4. — ^Election  Precincts. 

§  607.  Precincts,  how  formed.]  The  board  of  county 
commissioners  of  each  county  in  the  state  shall,  at  its  first 
session  after  the  taking  effect  of  this  section,  divide  its 
county  into  election  precincts  and  establish  the  boundaries 
of  the  same,  if  it  has  not  heretofore  done  so,  and  the  said 
board  of  county  commissioners,  whenever  deemed  neces- 
sary, shall  subdivide  any  precinct  containing  two  or  mor-j 
congressional  townships;  providing,  that  every  precinct  so 
established  shall  comprise  at  least  one  congressional  town- 
ship. The  entirety  of  civil  townships,  cites  or  villages  as 
voting  precincts  shall  be  preserved  when  possible,  except 
when  such  preservation  would  conflict  with  the  provisions 
of  this  section.  In  such  case  the  civil  township,  city  or  vil- 
lage, except  as  hereinafter  provided,  shall  be  divided  into 
two  or  more  precincts,  but  in  no  case  shall  a  precinct  be 
composed  of  parts  of  two  civil  townships,  or  part  of  a  town- 
ship and  city  or  village,  excepting  as  hereinafter  provided. 
Such  board  of  commissioners  shall  designate  one  voting 
place  in  each  precinct.  No  precinct  shall  contain  more  than 
three  hundred  electors.  If  at  any  election  hereafter  held, 
more  than  three  hundred  votes  shall  be  cast  at  any  voting 
place,  it  shall  be  the  duty  of  the  inspector  in  such  precinct 
to  report  such  fact  to  the  board  of  county  commissioners, 
which  board  shall,  at  its  next  regular  meeting  divide  such 
precinct  as  nearly  as  possible,  so  that  the  new  precincts 
formed  therefrom  shall  each  contain  two  hundred  and  fifty 
electors,  as  nearly  as  practicable,  provided,  that  nothing  in 
this  section  shall  be  construed  as  prohibiting  townships  ad- 
joining or  having  within  their  boundaries  an  incorporated 
city,  town  or  village,  of  less  than  fifteen  hundred  inhabi- 
tants, from  holding  their  election  and  having  their  voting 
place  within  the  corporate  limits  of  such  city,  town  or  vil- 
lage; provided,  further,  that  when  the  combined  vote  of 
any  township  and  incorporated  city,  town  or  village,  or  the 


136  ELECTION  LAWS 


combined  vote  of  any  township  and  any  portion  of  any  in- 
corporated city,  town  or  village,  within  its  boundaries  or 
within  the  town  lines  or  section  lines  which  form  the 
boundaries  thereof,  does  not  exceed  three  hundred,  such 
township  and  incorporated  city,  town  or  village,  may  have 
but  one  voting  place.  [1891,  ch.  66.  §  7;  1897,  ch.  44;  R.  C. 
1895,  §  481;  1903,  ch.  90.] 

Article  5. — Election  Officers  and  Their  Duties. 

§  608.  Inspectors  and  judges  of  elections  Qualifica- 
tions OF.  Duties.]  The  chairman  of  the  board  of  super- 
visors in  organized  townships  shall  by  virtue  of  his  otfice 
be  inspector  of  elections.  In  case  the  township  contains 
more  than  three  hundred  voters,  such  chairman  shall  be 
inspector  of  elections  in  the  precinct  in  which  he  resides, 
and  shall  appoint  the  inspector  in  all  other  precincts  which 
are  component  parts  of  the  township  of  which  he  is  chair- 
man. In  case  the  township  and  any  incorporated  town  or 
village  within  its  limits  contain  less  than  three  hundred  vot- 
ers and  such  township  or  incorporated  town  or  village 
have  but  one  voting  place,  the  chairman  of  the  township 
board  of  supervisors  shall  be  inspector  of  elections.  In  all 
cities  in  which  the  aldermen  are  elected  in  different  years, 
the  senior  alderman  shall  be  inspector  of  elections  for  tliQ 
precinct  in  which  he  resides;  and  in  cities  in  which  the 
aldermen  are  not  so  elected,  the  alderman  who  shall  act  as 
inspector  of  elections  shall  be  determined  by  lot  in  such 
manner  as  the  city  council  shall  prescribe.  In  case  a  ward 
in  any  city  contains  more  than  three  hundred  votes,  the 
senior  alderman  or  tlie  alderman  chosen  by  lot  shall  be  in- 
spector of  elections  for  the  precinct  in  which  he  resides, 
and  shall  appoint  the  inspectors  in  all  other  precincts  which 
are  component  parts  of  the  ward  of  which  he  is  alderman. 
In  incorporated  towns  and  villages  the  president  of  the 
town  or  village  board  of  trustees  shall  act  as  inspector,  and, 
if  the  town  or  village  contains  more  than  three  hundred 
voters,  he  shall  act  as  inspector  of  the  precinct  in  which  he 
resides,  and  appoint  the  inspectors  in  the  other  precincts. 
In  case  the  alderman  designated  or  selected  to  act  as  in- 
spector in  any  ward  is  disqualified  from  acting,  the  othe:' 
alderman  of  the  ward  shall  act  as  inspector,  and  appoint 
other  inspectors  when  necessary;  and  in  case  the  president 
of  the  board  of  trustees  of  any  town  or  village  is  disquali- 
iied,  the  remaining  members  of  the  board  shall  select  one 
of  their  number  to  act  as  such  inspector,  and  appoint  other 
inspectors  when  necessary.  The  inspector  shall,  prior  to 
the  opening  of  the  polls  in  his  precinct,  appoint  as  judges 
of  election  two  qualified  electors  of  such  precinct  who  shall 


STATE  OF  NORTH  DAKOTA 137 

have  been  resident  freeholders  therein  for  at  least  ninety 
days  next  preceding  such  election,  and  who  are  members 
of  different  political  parties  and  of  the  parties  which  cast 
the  highest  number  of  votes  at  the  preceding  general  elec- 
tion; provided,  that  if  at  least  one  week  prior  to  such  elec- 
tion the  chairman  of  the  county  central  committee  of  either 
of  the  two  parties  that  cast  the  largest  number  of  votes  in 
the  state  at  the  last  general  election,  shall  nominate  a  mem- 
ber of  such  party  as  judge,  having  the  qualifications  above 
prescribed,  presenting  a  certificate  of  such  nomination 
signed  by  such  chairman,  he  shall  be  appointed  by  the  in- 
spector, and  such  judges  together  with  the  inspector  shall 
constitute  the  board  of  elections.  No  person  shall  be  a 
member  of  the  board  of  elections  who  has  anything  of 
value  bet  or  wagered  on  the  result  of  such  election,  or  who 
is  a  candidate  or  is  the  father,  father-in-law,  son,  son-in- 
law,  brother  or  brother-in-law  of  any  candidate  at  such 
election.  If  at  any  time  before  or  during  an  election  it 
shall  be  made  to  appear  to  any  inspector,  by  the  affidavit  of 
two  or  more  qualified  electors  of  the  precinct,  that  either  of 
the  judges  is  disqualified  under  the  provisions  of  this  sec- 
tion, he  shall  at  once  remove  such  judge  and  fill  the  place 
with  a  qualified  person  of  the  same  political  party  as  the 
judge  removed,  and  in  case  such  person  so  disqualified 
shall  have  taken  the  oath  of  office  as  prescribed  by  law,  the 
inspector  shall  place  such  oath  and  affidavit  before  the 
state's  attorney  of  the  county;  provided,  that  in  case  such 
inspector  is  disqualified  from  acting,  the  other  two  mem- 
bers of  the  board  of  township  supervisors  and  the  clerk 
shall,  at  least  ten  days  before  the  date  of  holding  the  elec- 
tion, hold  a  meeting  for  the  purpose  of  filling  such  vacancy. 
Such  vacancy  shall  be  filled  by  appointing  an  inspector  who 
shall  belong  to  the  same  political  party  as  the  disqualified 
inspector,  and  the  name  of  the  inspector  so  appointed  shall 
at  once  be  reported  to  the  county  auditor  by  such  clerk. 
[1893,  ch.  60,  §  5;  1897,  ch.  78;  R.  C.  1895,  §  483.] 

§  609.  Inspectors  of  election  in  unorganized  townships, 
HOW  appointed.]  In  precincts  consisting  of  unorganized 
townships  the  board  of  county  commissioners  shall  at  the 
July  session  of  such  board  next  preceding  an  election  ap- 
point in  each  precinct,  as  inspector  of  such  election,  some 
qualified  elector  of  such  precinct.  Such  inspector  shall  be- 
fore the  time  of  opening  the  polls  in  his  precinct  appoint 
two  judges  of  election  as  provided  in  the  preceding  section 
and  such  judges  and  inspector  shall  constitute  the  board  of 
election  for  that  precinct.  If  any  member  of  the  board  of 
election  shall  fail  to  appear  at  the  hour  appointed  for  the 
opening  of  the  polls  the  remainder  of  the  board  shall  select 


1 


138  ELECTION  LAWS 


a  member  of  his  political  party  to  serve  in  his  stead;  pro- 
vided, that  if  the  qualified  electors  of  his  party  present  at 
the  polls  shall  nominate  a  qualified  person  for  such  va- 
cancy, such  nominee  shall  be  appointed.  If  none  of  the 
members  of  the  election  board  shall  appear  at  the  hour 
appointed  for  opening  the  polls  the  qualified  electors  pres- 
ent shall  elect  a  board  viva  voce  as  nearly  as  possible  in 
conformity  with  the  provisions  hereof.  [1891,  ch.  66,  §  16b; 
R.  C.  1895,  §  484.] 

§  610.  Poll  clerks.]  Such  board  of  election  shall  ap- 
point as  poll  clerks  two  qualified  electors  of  the  precinct, 
one  from  each  of  the  two  parties  that  cast  the  largest  vote 
at  the  last  state  general  election.  [1891,  ch.  66,  §  16c;  R.  G. 
1899,  §  485.] 

§  611.  Oath  of  election  officers.]  Previous  to  the 
votes  being  taken  the  inspectors,  judges  and  clerks  of  elec- 
tion shall  severally  take  and  subscribe  an  oath  in  the  fol- 
lowing form:  "I,  A.  R.,  do  solemnly  swear  (or  afhrm  as 
the  case  may  be),  that  I  will  perform  the  duties  of  in- 
spector, judge  or  clerk  (as  the  case  may  be)  acording  to  law 
and  the  best  of  my  ability;  and  that  I  will  studiously  en- 
deavor to  prevent  fraud,  deceit  and  abuse  in  conducting 
the  same."  Such  oath  may  be  taken  before  any  officer  au- 
thorized to  administer  oaths,  and  in  case  no  such  officer  is 
present  at  the  opening  of  the  polls  the  inspector  or  judges 
of  election  are  authorized  to  administer  such  oath  to  each 
other  and  to  the  clerks  of  election  and  the  person  adminis- 
tering such  oaths  shall  cause  an  entry  thereof  to  be  made 
and  subscribed  by  him  and  prefixed  to  the  poll  book.  [R. 
G.  1899,  §486.] 

§  612.  Poll  list,  clerk  to  keep.]  Each  clerk  of  election 
shall  keep  a  poll  list  which  shall  contain  in  numerical  order 
the  names  of  all  the  persons  voting  at  such  election.  [R.  G. 
1899,  §  487.] 

§  613.  Duty  of  inspector  and  judge  to  challenge.]  If 
any  inspector  or  judge  of  election  shall  know  or  have  reason 
to  believe  that  any  person  offering  to  vote  is  not  a  qualified 
elector  it  shall  be  his  duty  to  challenge  the  right  of  such  per- 
son to  vote.    [R.  G.  1895,  §  488.] 

Article  6. — Election  Supplies. 

§  614.  Rallots  to  be  printed  and  distributed  at  public 
EXPENSE.]  At  all  general  or  special  elections  for  state,  dis- 
trict, county,  city,  township,  village  or  other  public  officers 
within  the  state,  including  elections  in  cities,  towns  and  vil- 


I 


STATE  OF  NORTH  DAKOTA 139 

lages  in  corporated  by  special  act,  all  ballots  cast  shall  be 
printed  and  distributed  at  public  expense,  as  hereinafter 
provided.  The  printing  of  ballots  and  cards  of  instruction 
for  the  electors  in  each  county  and  the  delivery  of  the  same 
to  the  election  olFicers  as  hereinafter  provided  shall  be  a 
county  charge  and  for  municipalities  a  municipal  charge, 
the  payment  of  which  shall  be  provided  for  in  the  same 
manner  as  other  county  and  municipal  expenses;  provided, 
that  the  provisions  of  this  chapter  shall  not  apply  to  elec- 
tions for  civil  township  or  school  district  officers,  nor  to  elec- 
tions in  incorporated  cities  and  villages  having  less  than 
three  hundred  legal  voters  as  evidenced  by  the  vote  cast 
therein  at  the  last  preceding  city  or  village  election.  [1891, 
ch.  66,  §  1;  1893,  ch.  60,  §  1;  R.  C.  1895,  §  489.] 

§  615.  Elector  may  write  name  of  candidate  on  ticket, 
WHEN.]  Except  as  otherwise  provided  in  this  chapter  it 
shall  be  the  duty  of  the  auditor  of  each  county  to  provide 
printed  ballots  for  every  election  for  public  officers  in 
which  the  electors  or  any  of  the  electors  within  the  county 
participate  and  he  shall  cause  to  be  printed  on  the  ballots 
the  name  of  each  candidate  whose  name  has  been  certified 
to  or  file  with  him  in  the  manner  provided  for  in  this  chap- 
ter. Ballots  other  than  those  printed  by  the  respective 
county  auditors  shall  not  be  cast  or  counted  in  any  election. 
Nothing  in  this  chapter  shall  prevent  any  voter  from  writ- 
ing or  pasting  on  his  ballot  the  name  of  any  person  for 
whom  he  desires  to  vote  and  such  vote  shall  be  counted  the 
same  as  if  printed  on  the  ballot  and  marked  by  the  voter. 
[1891,  ch.  66,  §  15;  R.  G.  1899,  §  490.] 

§  616.  Ballots.  How  prepared.]  All  ballots  prepared 
under  the  provisions  of  this  chapter  shall  be  white  and  of 
uniform  quality  of  paper  printed  in  black  ink,  and  of  suffi- 
cient width  to  contain  all  of  the  tickets  to  be  voted  for,  un- 
der the  appropriate  party  designation  for  each  and  of  suffi- 
cient length  to  contain  all  the  names  of  the  candidates  to 
be  voted  for  at  said  election.  On  the  left  hand  of  said  ticket 
shall  be  a  column  designating  the  office  to  be  voted  for,  and 
on  the  same  line  in  the  column  under  the  appropriate  party 
designation  of  each,  all  the  names  of  the  candidates  duly 
nominated  for  that  office  shall  be  printed.  Where  there  is 
more  than  one  person  to  be  elected  to  an  office,  there  shall 
be  printed  in  plain  type  immediately  under  the  designation 
of  the  office  to  be  voted  for,  the  following  words,  "Vote  for 
(number)  names  only;  Mark  X  after  name  to  be  voted  for 
and  cross  out  names  not  desired.  The  names  of  the  great- 
est number  of  candidates  for  such  an  office  appearing  in 
either  of  the  two  left  hand  columns,  or  if  said  two  left  hand 


140  ELECTION  LAWS 


columns  have  an  equal  number  of  names,  then  the  first  left 
hand  column,  and  every  second  column  to  the  right  thereof 
on  said  ballot  shall  be  alternated  in  the  printing  of  said 
official  ballot  for  each  precinct  by  changing  the  position  of 
the  names  in  each  office  division  as  many  times  as  there 
are  candidates  for  such  office."  There  shall  be  a  space  be- 
tween the  party  designation  at  the  top  of  each  column  and 
the  names  at  the  head  of  the  ticket  of  five-eights  of  an  inch, 
in  the  center  of  which  there  shall  be  a  square  formed  of 
black  lines,  in  which  the  voter  by  his  mark  may  declare 
that  he  voted  for  all  names  printed  in  that  column,  except 
such  as  are  erased,  or  pasted  or  written  over,  or  where  the 
voter  places  a  cross  (X)  or  mark  following  the  name  of  a 
candidate  in  another  column,  such  name  shall  be  counted 
in  lieu  of  the  name  for  the  same  office  in  the  column  voted 
for  at  the  head  of  the  ticket;  provided,  further,  that  where 
there  are  groups  of  names  for  a  like  position  and  a  cross 
(X)  is  placed  at  the  head  of  a  party  designation,  and  th^ 
voter  places  a  cross  or  mark,  following  the  name  of  one  or 
more  candidates  in  a  group,  in  another  column  and  fails 
or  neglects  to  strike  out  the  same  number  of  names  in  the 
column  originally  voted  for,  the  intention  of  the  voter  shall 
be  construed  to  having  voted  for  the  name  or  names  in  the 
group  so  marked  and  the  name  or  names  in  the  same  line 
on  the  opposite  group  shall  not  be  counted.  There  shall 
also  be  left  under  the  name  of  each  candidate  sufficient 
space  to  write,  or  paste  a  name  therein,  in  lieu  of  the  one 
printed  on  the  ticket,  and  on  the  same  line  with  the  name 
of  each  candidate,  and  at  the  end  of  his  name  there  shall  be 
a  space  enclosed  in  a  square  of  black  lines,  in  which  the 
voter  may  designate  by  a  cross  or  other  mark,  his  choice 
for  each  candidate  opposite  the  name  of  such  candidate. 
The  fact  that  a  name  has  been  written  or  pasted  opposite 
the  office  to  be  voted  for  shall  be  deemed  sufficient  evidence 
that  the  person  depositing  such  ballot  intended  to  vote  for 
the  person  whose  name  he  has  written  or  pasted  thereon, 
and  not  for  the  person  whose  name  was  originally  printed 
on  the  ballot  whether  he  shall  make  a  mark  or  cross  oppo- 
site such  written  or  pasted  name  or  not.  The  names  of  can- 
didates under  headings  designating  each  official  position 
shall  be  alternated  on  the  official  ballot  in  the  printing  in 
the  manner  as  provided  by  the  primary  election  law. 

(Persons  nominated  by  paper  or  by  petition  shall  be 
placed  in  one  or  more  columns  under  the  designation  of 
"Individual  Nomination,"  on  the  same  line  with  the  offices 
for  which  they  are  nominated.) 

Constitutional  amendments  duly  certified  to  the  auditor 
by  the  secretary  of  state  or  any  question  to  be  voted  for 


STATE  OF  NORTH  DAKOTA 141 

aside  from  the  election  of  public  otTicers,  shall  be  printed 
on  a  separate  ballot  and  shall  be  deposited  in  a  box  sep- 
arate from  that  provided  to  receive  the  ballots  for  public 
ofiicers.  The  ballots  must  embrace  the  constitutional 
amendments  in  full,  and  there  shall  be  printed  at  the  bot- 
tom of  the  amendments  the  word  "yes"  and  underneath 
the  same  word  "no,"  and  opposite  each  a  square  formed  of 
black  lines,  and  the  elector  shall  designate  by  a  cross  or 
other  mark  within  the  square  how  he  desires  his  vote  re- 
corded. If  the  question  be  other  than  a  constitutional 
amendment,  it  shall  be  stated  fully  and  fairly  on  such  bal- 
lot, and  the  words  "yes"  and  "no,"  shall  be  printed  on  the 
ballot  at  the  close  of  the  statement  of  the  question  in  sep- 
arate lines  with  a  square  formed  of  black  lines  after  each 
in  which  the  voter  may  indicate  by  cross  or  other  mark 
how  he  desires  to  vote  on  the  question.  Where  two  or  more 
amendments  or  questions  are  to  be  voted  on  they  shall  be 
printed  on  the  sample  ballot.     (1911  ch.  130.) 

§  617.  Candidate's  name  in  one  column  only.]  When 
the  same  candidate  has  been  nominated  for  the  same  office 
by  more  than  one  assembly,  convention  or  body  of  electors 
qualified  to  make  nominations  for  public  office,  such  can- 
didate shall  file  with  the  proper  officer  designated  in  sec- 
tion 626,  on  or  before  the  day  fixed  by  law  for  the  filing  of 
certificates  of  nomination  for  such  office,  a  statement  in 
writing  signed  by  himself  designating  one  of  the  columns 
upon  such  ballot  alloted  to  one  of  the  parties,  assemblies, 
conventions  or  bodies  of  electors  by  whom  said  candidate 
has  been  nominated,  as  to  the  column  upon  such  ballot  in 
which  such  candidate  desires  his  name  to  appear  upon  such 
ballot,  and  such  candidate's  name  shall  be  printed  upon 
such  ballot  in  such  column,  but  in  no  other.  But  if  such 
candidate  shall  refuse  or  neglect  to  give  notice  to  the  pro- 
per officer,  as  above  provided,  specifying  in  which  column 
he  wishes  his  name  printed  on  the  ballot,  then  in  such  case 
the  said  officer  shall  cause  his  name  to  be  printed  in  the 
column  of  the  party  or  political  organization  from  which 
he  received  first  notice  of  such  person's  nomination.  [1891, 
ch.  66.  §  17;  1893,  ch.  60,  §  6;  1897,  ch.  76;  R.  G.  1899,  §  491.] 

§  618.  Arrangement  of  names.]  The  candidates  of  th3 
party  casting  the  highest  number  of  votes  in  the  combined 
congressional  districts  of  the  state  for  members  of  congress 
at  the  last  preceding  general  election  shall  be  arranged  in 
the  first  or  left-hand  column  of  such  ballot;  of  the  party 
casting  the  next  highest  number  of  votes,  in  the  second 
column;  of  the  party  casting  the  next  highest  number  of 
votes,  in  the  third  column;  and  of  any  other  party  as  the 


142  ELECTION  LAWS 


Secretary  of  State  may  direct  for  state  officers,  or  the 
county  auditor  for  county  officers,  the  municipal  or  city 
auditor,  or,  in  municipalities  or  cities  not  having  a  muni- 
cipal or  city  auditor,  the  municipal  or  city  clerk, 
for  municipal  or  city  officers;  or  the  j^resident  of 
the  board  of  trustees  of  incorporated  villages  for 
village  officers,  in  presidential  years.  The  names  of 
electors  of  president  and  vice-president  of  the  United  States 
presented  in  one  certificate  of  nomination  shall  be  ar- 
ranged in  a  group  inclosed  in  brackets,  to  the  right  and 
opposite  the  center  of  which  shall  be  printed  in  bold  type 
the  surname  of  the  presidential  candidate  represented.  To 
the  right  and  in  a  line  with  such  surname,  near  the  margin, 
shall  be  placed  a  single  square,  and  a  mark  within  such 
square  shall  be  designated  a  vote  for  all  the  electors,  and 
such  group  shall  be  placed  at  the  head  of  the  column  under 
the  party  designated  or  represented  in  such  certificate.  The 
auditor  shall  prepare  the  necessary  ballots  whenever  any 
question  is  required  by  law  to  be  submitted  to  a  vote  of  the 
electors  of  any  subdivision  and  not  the  state  generally.  The 
municipal  or  city  auditor,  or  clerk,  as  the  case  may  be, 
shall  prepare  and  direct  the  printing  and  distributing  of  all 
ballots  for  municipal  or  city  elections  and  for  all  questions 
that  may  be  submitted  to  a  vote  of  the  electors  of  such 
municipality,  except  as  provided  in  Section  614.  (1913 
chap.  152.) 

§  619.  County  auditor  to  prepare  ballots.  Number. 
Poll  books.]  The  county  auditor  of  each  county  shall  pro- 
vide for  each  election  precinct  in  his  county  two  ballots  for 
each  vote  cast  in  such  precinct  at  the  last  general  election. 
Such  ballots  shall  be  distributed  in  packages  or  blocks  con- 
taining no  more  than  one  hundred  and  fifty  ballots  each. 
The  county  auditor  may  provide  for  any  such  precincts 
such  additional  ballots  as  he  may  deem  necessary.  Eacli 
county  auditor  shall,  at  least  five  days  before  any  election, 
have  the  ballots  printed  and  the  same  may  be  inspected  in 
the  office  of  such  auditor  by  any  person.  Such  auditor  shall 
also,  at  least  five  days  before  any  election,  send  to  the  in- 
spector in  each  precinct  five  copies  of  such  ballot  printed 
upon  tinted  paper,  and  such  inspector  shall  post  the  same 
in  five  public  places  in  his  precinct,  one  of  such  copies  to  be 
posted  at  the  polling  place  therein,  for  which  services  such 
inspector  shall  receive  two  dollars.  The  auditor  shall  at 
the  time  of  distributing  such  copies  cause  to  be  delivered  to 
the  several  inspectors  the  necessary  number  of  blank  forms 
of  poll  books  and  also  blanks  for  the  election  returns  with 
the  proper  captions,  forms  of  oath  and  forms  of  certificates 
and  tally  sheets  necessary  to  carry  out  the  provisions  of 


4 


STATE  OF  NORTH  DAKOTA  143 

this  chapter.     [1891,  ch.  66,  §  18;  1893,  ch.  60,  §  7;  1895,  !^ 
492.] 

§  620.  Ballots,  how  delivered.  Official  stamps..] 
Each  county  auditor  shall  deliver  or  cause  to  be  delivered 
by  mail  or  other  reliable  method,  to  the  inspector  of  elec- 
tion in  each  precinct  in  his  county,  the  official  ballot  pre- 
pared by  him,  together  with  suitable  manilla  wrappers  as 
hereinafter  provided,  at  least  twenty-four  hours  before  the 
hour  of  opening  the  polls  on  election  day.  Such  ballots 
and  manilla  wrappers  shall  be  delivered  in  sealed  packages 
marked  on  the  outside  plainly  designating  the  number  of 
ballots  inclosed  and  the  precinct  for  which  they  are  in- 
tended. He  shall  also  deliver  or  cause  to  be  delivered  to 
such  inspector,  or  if  that  is  impracticable,  to  one  of  the 
judges  of  election  of  such  precinct,  a  stamp  with  an  ink-pad 
for  the  purpose  of  stamping  each  ballot  with  the  words 
"official  ballot"  and  name  or  number  of  the  precinct,  the 
name  of  the  county  and  the  date  of  the  election,  and  also  a 
metal  stamp  the  name  of  the  county  inscribed  thereon  for 
the  purpose  of  stamping  the  wrapper  containing  the  ballots 
as  provided  in  Section  2  of  this  Act.     (1913  chap.  154.) 

§  621.  Instructions  to  be  printed.]  Each  county  audi- 
tor shall  cause  to  be  printed  on  cards  in  large  type  full  in- 
structions to  electors  as  to  the  manner  of  obtaining  and 
preparing  ballots  and  also  containing  a  copy  of  section  683, 
684,  86l4  and  8615.  He  shall  furnish  ten  such  cards  to  the 
judges  of  election  in  each  election  precinct  and  the  judges 
of  election  shall  at  the  opening  of  the  polls  post  at  least  one 
of  such  cards  in  each  booth  or  compartment  provided  for 
the  preparation  of  ballots  and  at  least  three  of  such  cards 
in  and  about  the  polling  place.  There  shall  also  be  posted 
in  each  booth  or  compartment  one  of  the  official  ballots 
without  the  official  stamp  hereinbefore  provided  for,  and 
not  less  than  three  of  such  ballots  shall  be  posted  in  other 
places  in  and  about  the  polling  place  upon  the  morning  of 
election.     [1891,  ch.  66,  §  29;  R.  C.  1899,  §  494.] 

§  622.  Poll  books,  contents  of  and  how  delivered.]  It 
shall  be  the  duty  of  the  county  auditor  to  provide  uniform 
poll  books  for  the  use  of  his  county,  each  poll  book  to  con- 
tain a  copy  of  the  law  prescribing  the  qualifications  of  elec- 
tors and  so  much  of  this  chapter  as  relates  to  the  duties  of 
inspectors,  judges,  and  clerks  of  election,  and  the  penalties 
imposed  for  offenses;  such  poll  book  shall  also  contain 
blanks  for  all  entries  required  to  be  made  therein;  he  shall 
also  deliver  to  the  sheriff  two  copies  of  said  poll  books  for 
each  election  precinct  in  the  county,  and  the  sheriff  shall  de- 
liver the  same  to  each  inspector  of  election,  and  such  inspec- 


144  ELECTION  LAWS 


tor  of  election  shall  deliver  or  eause  the  same  to  be  delivered 
to  the  clerks  of  election  in  his  precinct  on  the  day  of  elec- 
tion.    [R.  G.  1895,  §  495.] 

§  623.  Ballot  boxes  to  be  provided  by  board  of  countv 
COMMISSIONERS.]  The  board  of  county  commissioners  shall 
at  the  expense  of  the  county  provide  suitable  ballot  boxes 
lor  each  election  precinct  in  its  county,  and  a  separate  bal- 
lot box  in  which  the  ballots  of  women  entitled  to  vote  under 
this  chapter  shall  be  deposited.     [R.  C.  1895,  §  496.] 

§  624.  Blanks  to  be  transmitted  by  secretary  of  state. ^; 
The  secretary  of  state  shall  at  least  thirty  days  before  each 
general  election  transmit  to  each  county  auditor  blank 
forms  and  envelopes  for  all  returns  of  votes  required  to  be 
made  to  his  office,  with  such  printed  directions  on  the  en- 
velope as  he  deems  necessary  for  the  guidance  of  such  ofli 
cers  in  making  returns  according  to  law;  and  the  expenses 
of  furnishing  such  blanks  and  envelopes  shall  be  paid  for 
by  the  state.     [R.  C.  1899,  §  497.] 

§  626.  Certificates  of  nomination,  where  filed.]  Cer- 
tificates of  nomination  for  candidates  for  offices  to  be  filled 
by  the  electors  of  the  entire  state  or  of  any  division  or  dis- 
trict greater  than  a  county  and  for  legislative  offices  shall 
be  filed  with  the  secretary  of  state.  [1891,  ch.  66.  §  4;  1893, 
ch.  60,  §  4;  R.  C.  1899,  §  500;  1905,  ch.  109.] 

(Supreme  dourt  may  issue  writ  of  mandamus  when 
auditor  refuses  to  receive  and  file  county  nominations. 
State  ex  rel  Fosser  v.  Lavik,  9  N.  D.  461,  83  N.  W.  914. 

Certificate  must  be  made  and  filed  according  to  law. 
No  substitution  of  names  when  certificate  not  filed. 
Lucas  V.  Ringsrud,  3  S.  D.  355,  53  N.  W.  426. 

§  627.  Certificate  to  contain  but  one  name.]  No  certi- 
cate  of  nomination  shall  contain  the  name  of  more  than 
one  candiate  for  each  office  to  be  filled.  No  person  shall 
participate  directly  or  indirectly  in  the  nomination  at  cau- 
cus, in  convention  or  by  petition  of  more  than  one  person 
for  each  office  to  be  filled,  and  no  person  shall  accept  a 
nomination  for  more  than  one  office.  No  political  party 
shall  be  entitled  to  have  placed  upon  the  official  ballot  more 
than  one  set  or  list  of  nominees  for  any  state,  county,  city 
or  other  municipal  office  to  be  voted  for  in  said  state,  coun- 
ty, city  or  municipality;  and  in  case  two  or  more  organiza- 
tions claiming  or  purporting  to  represent  the  same  political 
party,  shall  file  certificates  of  nomination  under  the  same 
party  designation,  or  such  certificates  indicate  that  the  nom- 
inations therein  mentioned  were  made  by  any  person  or 


STATE  OF  NORTH  DAKOTA ;^ 145 

any  organization  representing  the  same  political  party,  the 
secretary  of  state,  in  cases  where  such  certificates  are  filed 
in  his  office,  shall  within  the  time  prescribed  by  law  for  cer- 
tifying state  nominations  to  the  county  auditor,  determine 
from  the  best  available  sources  of  information  which  or- 
ganization filing  such  certificates  has  been  longest  in  ex- 
istence as  a  political  organization  representing  such  party; 
and  only  the  nominees  named  by  such  organization,  longest 
in  existence,  shall  be  certified  to  the  county  auditor,  and 
such  nominations  only  shall  be  printed  on  the  official  bal- 
lot. [And  in  case  two  or  more  organizations  claiming  or 
purporting  to  represent  the  same  political  party  shall  file 
certificates  of  nomination  with  the  county  auditor,  city  au- 
ditor, or  clerk  of  any  municipality,  or  such  certificates  indi- 
cate that  the  nominations  therein  mentioned  were  made  by 
persons  or  organizations  representing  the  same  political 
party,  the  county  auditor  shall  determine  from  the  best 
available  sources  of  information  which  organization,  filing 
such  certificates,  has  been  longest  in  existence  as  a  political 
organization  representing  such  party;  and  only  the  nomi- 
nations made  by  such  organization  longest  in  existence  shall 
be  printed  on  the  official  ballot;  provided,  however,  that  the 
decision  of  the  officer  determining  which  organization  has 
been  the  longest  in  existence  in  representing  such  party, 
shall  be  subject  to  review  by  the  court  in  a  proper  action 
instituted  for  such  purpose;  and  provided,  further,  that  this 
section  shall  not  be  construed  to  prohibit  any  new  organiza- 
tion from  nominating  any  person  or  persons  for  an  office 
and  having  such  nomination  placed  on  the  official  ballot^ 
but  such  organization  shall  not  adopt  the  name  or  designa- 
tion of  the  political  party  represented  by  the  older  organiza- 
tion, if  still  in  existence,  and  the  certificate  of  nomination 
filed  by  it  shall,  by  clear  and  distinct  language,  indicate  and 
show  that  the  organization  filing  it  represents  a  separate 
and  distinct  political  party.]  [1891,  ch.  66,  §  6;  R.  G.  1895, 
§  502;  1901,  ch.  48.] 

(Note: — That  part  of  section  627  inclosed  in  brackets 
impliedly  amended  or  repealed  by  chapter  190,  laws 
1905 — sections  501-597  revised  codes.) 

§  628.  Certificate  of  nomination.'  When  to  be  filed.] 
Certificates  of  nomination  to  be  filed  with  the  Secretary  of 
State  shall  be  filed  not  less  than  thirty  days  before  the  day 
fixed  by  law  for  election  of  persons  in  nomination.  Such 
certificate  of  nomination  may  be  sent  by  registered  letter 
deposited  in  the  post  office  on  or  before  the  last  day  and 
the  receipt  therefor  filed  with  the  county  auditor  (Certifi- 
cates of  nomination  herein  directed  to  be  filed  with  the  au- 


146  ELECTION  LAWS 


ditor  shall  be  filed  not  less  than  twenty-five  days  before  the 
election;  but  the  provisions  of  this  section  shall  not  apply 
to  nominations  for  special  elections  to  fill  vacancies  caused 
by  death,  resignations  or  otherwise.)  The  secretary  of  state 
and  the  several  county  auditors  shall  cause  to  be  preserved 
in  their  respective  ofiices  for  six  months,  all  certificates  of 
nomination  filed  therein  under  the  provisions  of  this  article. 
All  such  certificates  shall  be  open  to  public  inspection  un- 
der proper  regulations  to  be  made  by  such  officers.  [1913 
ch.  156.) 

§  629.  Secretary  of  state  to  certify  nominations  for 
STATE  office.]  Not  Icss  than  thirty  days  or  more  than  thirty- 
five  days  before  an  election  to  fill  any  state  or  district  office, 
the  secretary  of  state  shall  certify  to  each  county  auditor 
within  which  any  of  the  electors  may  by  law  vote  for  candi- 
dates for  such  office,  the  name  and  post  office  address  of 
each  person  nominated  for  such  office  as  specified  in  the 
certificates  of  nomination  filed  with  him.     [1913  ch.  156.] 

§  630.  Nominations  to  be  published,  when.]  At  least 
ten  days  before  an  election  to  fill  any  public  office  under  the 
provisions  of  this  chapter  the  county  auditor  of  each  county 
shall  cause  to  be  published  in  one  or  more  newspapers  with- 
in the  county  nominations  certified  to  him  under  the  pro- 
visions of  this  chapter.  The  auditor  shall  make  such  publi- 
cations daily  until  the  election,  in  counties  where  daily 
newspapers  are  published;  but  if  there  is  no  daily  news- 
paper published  within  the  county  two  publications  in  each 
newspaper  will  be  sufficient;  and  if  there  is  no  newspaper 
published  in  any  county,  written  or  printed  notices  shall  be 
posted  in  at  least  three  public  places  in  each  precinct. 
[1891,  ch.  66,  §  10;  R.  G.  1895,  §  505.] 

§  631.  In  case  nominee  declines,  certificate  void.] 
Whenever  any  person  nominated  for  public  office  as  in  this 
Chapter  provided,  shall  at  least  thirty  days  before  election, 
in  ^yriting  notify  the  officer  with  whom  the  certificate  nomi- 
nating him  is  filed  that  he  declines  such  noniination,  such 
nomination  shall  be  void.     [1913  ch.  156.] 

§  632.  Vacancies  on  ticket,  how  filled.]  Should  any 
person  so  nominated  die  before  the  printing  of  the  tickets 
or  decline  the  nomination  as  in  this  chapter  provided  or 
should  a  vacancy  occur  upon  the  ticket  for  any  other  cause 
the  vacancy  thus  occasioned  may  be  filed  in  the  manner  re- 
quired for  original  nominations.  If  the  original  nomina- 
tion was  made  by  a  party  convention  which  had  delegated 
to  a  comrnittee  the  power  to  fill  vacancies,  the  committee 
of  the  political  party  in  whose  ticket  such  vacancy  occurs 


STATE  OF  NORTH  DAKOTA 147 

may  fill  the  same.  The  chairman  and  secretary  of  such  com- 
mittee shall  thereupon  make  and  file  with  the  proper  officer 
a  certificate  setting  forth  the  cause  of  the  vacancy,  the  name 
of  the  person  nominated,  the  name  of  the  office  for  which 
he  was  nominated,  the  name  of  the  person  for  whom  the 
new  nominee  is  to  be  substituted,  the  fact  that  the  commit- 
tee was  authorized  to  fill  vacancies  and  such  further  in- 
formation as  is  required  to  be  given  in  an  original  certifi- 
cate of  nomination.  When  such  certificate  shall  be  filed 
with  the  secretary  of  state  he  shall,  in  certifying  the  nomi- 
nation to  the  various  auditors,  insert  the  name  of  the  per- 
son who  has  thus  been  nominated  to  fill  a  vacancy  in  place 
of  that  of  the  original  nominee.  And  if  he  has  already  for- 
warded his  certificate  he  shall  forthwith  certify  to  the  audi- 
tor  of  the  proper  county  the  name  and  post  office  address  of 
the  person  so  nominated  to  fill  a  vacancy,  the  office  he  is 
nominated  for,  the  party  or  political  principle  he  represents 
and  the  name  of  the  person  for  whom  such  nominee  is  sub- 
stituted. A  failure  to  publish  the  name  of  a  person  so  sub- 
stituted shall  not  invalidate  the  election.  [1891,  ch.  66,  § 
12;  R.  G.  1895,  §  507.] 

(No  substitution  of  names  when  certificate  not  filed. 
Lucas  V.  Ringsrud,  S.  D.  355,  53  N.  W.  426.) 

§  633.  Vacancy  occurring  after  tickets  are  printed.] 
When  any  vacancy  occurs  before  election  day  and  after  the 
printing  of  the  ballots  and  any  person  is  nominated  accord- 
ing to  the  provisions  of  this  chapter  to  fill  such  vacancy  the 
officer  whose  duty  it  is  to  have  the  tickets  printed  and  dis- 
tributed shall  thereupon  have  printed  on  a  requisite  num- 
ber of  stickers  the  name  of  such  substituted  candidate  and 
no  other  name,  and  shall  mail  them  by  registered  letter  or 
send  by  other  reliable  method  to  the  judges  of  election  in 
the  various  precincts  affected  by  such  vacancy,  and  the 
judges  of  election  whose  duty  it  is  to  distribute  the  tickets 
shall  affix  such  stickers  in  the  proper  place  on  each  ticket 
before  it  is  given  out  to  the  electors.  [1891,  ch.  66,  §  13;  R. 
C.  1899,  §  508.] 

§  634.  Constitutional  amendments  to  be  advertised.] 
Whenever  a  proposed  constitutional  amendment  or  other 
question  is  to  be  submitted  to  the  people  of  the  state  for 
popular  vote  the  secretary  of  state  shall,  not  less  than  thirty 
days  before  election,  certify  the  same  to  the  auditor  of  each 
county  in  the  state  and  the  auditor  of  each  county  shall  in- 
clude the  same  in  the  publication  provided  for  in  section 
630.  Questions  to  be  submitted  to  the  people  of  the  county 
shall  be  advertised  as  provided  for  nominees  for  office  in 
such  section.     [1891,  ch.  66,  §  14;  R.  C.  1899,  §  509.] 


148  ELECTION  LAWS 


§  635.  Publication  of  names.  Error,  how  corrected.] 
Whenever  it  shall  appear  by  affidavit  that  an  error  or  omis- 
sion has  occurred  in  the  publication  of  the  names  of  the 
persons  nominated  or  in  the  printing  of  the  ballots  the  judge 
of  the  district  court  may  upon  application  of  an  elector 
make  an  order  requiring  the  auditor  to  show  cause  why 
such  error  should  not  be  corrected  and  upon  the  hearing 
thereof  he  may  make  such  order  as  the  facts  warrant. 
[1891,  ch.  66,  §  19;  R.  C.  1895,  §  510.] 

Article  7. — Notice  of  Election. 

§  636.  Notice  of  election,  how  given.]  The  secretary 
of  state  shall,  between  the  first  days  of  July  and  September 
in  such  year,  direct  and  cause  to  be  delivered  to  the  county 
auditor  of  each  county  a  notice  specifying  all  the  state  offi- 
cers whose  term  of  office  will  expire  between  the  first  Mon- 
day in  December  and  the  first  Monday  in  January  next  suc- 
ceeding and  specifying  also  the  several  officers  to  be  chosen 
in  such  county  at  the  next  general  election.  The  auditor  to 
whom  such  notice  is  delivered  shall  cause  notice  of  the 
same  to  be  given  as  provided  in  the  next  section.  [1892, 
Sp.;R.C.  1899,  §511.] 

§  637.  Notice  of  election  to  be  published.  Form.  Posted, 
WHEN.]  The  county  auditors  of  the  several  counties  shall 
cause  notice  of  any  election  to  be  published  in  each  of  the 
newspapers  designated  by  the  board  of  county  commission- 
ers for  the  publication  of  the  official  proceedings  at  least 
once  in  each  week  for  four  consecutive  weeks  next  preced- 
ing such  election.  Such  notice  shall  be  as  nearly  as  circum- 
stances will  admit,  as  follows : 

Notice  is  hereby  given  that  on  Tuesday,  the day 

of next,  at in  the  township  or  precinct 

of ,  in  the  county  of ,  an  election  will 

be  held  for  state,  district  or  county  officers  (naming  the 
officers  to  be  filled  as  the  case  may  be),  which  election  will 
be  opened  at  eight  o'clock  in  the  morning  and  will  continue 
open  until  five  o'clock  in  the  afternoon  of  that  day.    Dated 

day  of A.  D.  19... 

(Signed  A.  B.,  County  Auditor. 

In  case  there  shall  be  no  newspaper  published  in  the 
county  in  which  such  election  is  to  be  held,  the  county  audi- 
tor shall  deliver  three  copies  of  such  notice  for  each  pre- 
cinct to  the  sheriff,  coroner  or  other  person  designated  by 
the  board  of  county  coinmissioners  and  such  sheriff,  coroner 
or  other  person  shall  post  in  three  of  the  most  public  places 
in  each  precinct  the  notice  pertaining  to  such  precinct,  at 


STATE  OF  NORTH  DAKOTA 149 

least  twenty  days  previous  to  the  time  of  holding  any  gen- 
eral election  and  at  least  eight  days  previous  to  the  time  of 
holding  any  special  election,  and  in  cases  w^here  townships 
are  not  set  ofl['  by  law  as  election  district,  such  notices  shall 
be  posted  as  follows:  One  at  the  huose  where  the  election 
is  authorized  to  be  held  and  two  at  two  of  the  most  public 
places  in  that  vicinity.  The  officer  or  person  shall  thereafter 
file  with  the  county  auditor  an  affidavit  of  such  posting 
which  shall  be  prima  facie  evidence  of  the  facts  therein 
stated.    [1887,  ch.  51,  §  5;  R.  C.  1899,  §  512.] 

(Notice  of  special  election  posted  in  one  precinct  of 
a  county  only  is  fatally  defective.  Territory  vs.  Steele, 
4  Dak.  78,  23  N.  W.  91. 

§  638.  When  polls  are  to  be  opened  and  closed.]  At  all 
elections  held  under  the  provisions  of  this  chapter  the  polls 
shall  be  open  at  eight  o'clock  a.  m.,  and  closed  at  five  o'clock 
p.  m.  Twenty  minutes  prior  to  five  o'clock  p.  m.,  the  in- 
spector shall  proclaim  to  the  electors  outside  the  number  of 
minutes  before  the  polls  will  be  closed  and  that  such  closing 
will  be  precisely  at  five  o'clock  p.  m.;  provided,  however, 
that  whenever  it  is  made  to  appear  to  the  satisfaction  of  the 
board  of  county  commissioners  that  the  conduct  of  any  pri- 
mary or  general  election  may  be  facilitated  or  that  the  con- 
venience of  the  people  of  any  one  or  more  precincts  may  be 
better  subserved  by  the  opening  of  the  polls  in  said  precinct 
or  precincts  at  an  earlier  hour,  not  earlier  than  six  a.  m.,  or 
the  keeping  of  the  polls  in  such  precinct  or  precincts  open 
until  a  later  hour,  not  later  than  eight  p.  m.,  the  board  shall, 
at  the  same  meeting  at  which  election  precincts  are  desig- 
nated and  election  officers  named,  by  resolution  designate 
the  hours  at  which  the  polls  in  such  precinct  or  precincts 
shall  open  and  close,  and  that  such  resolution  be  published 
as  a  part  of  the  notice  of  election.     [1907  ch.  110.] 

§  639.  Examination  of  ballots  and  box  at  opening  of 
POLLS.]  On  the  opening  of  the  polls  the  inspector  in  each 
precinct  shall  produce  the  sealed  package  of  official  ballots 
and  publicly  open  the  same  and  deliver  one  block  of  ballots 
to  the  ballot  clerk,  retaining  the  other  blocks  if  any  until 
they  are  needed  for  voting.  Before  declaring  the  polls  open 
such  inspector  shall  see  that  the  ballot  box  is  empty  and 
allow  the  judges  to  satisfy  themselves  thereof  after  which 
such  box  shall  be  locked.  [1891,  ch.  66,  §  21;  R.  G.  1899,  S 
514.] 

§  640.  Official  ballot,  how  given  to  elector.]  The  in- 
spector or  one  of  the  judges  of  election  shall  deliver  ballots 
1o  the  qualified  electors.    Before  delivering  any  ballot  to  an 


150  ELECTION  LAWS 


elector  the  inspector  or  judge  shall  print  on  the  back  and 
near  the  top  of  the  ballot  with  a  stamp  provided  for  that 
purpose,  the  designation  "official  ballott"  and  the  other 
words  provided  for  in  section  620  and  also  write  his  initials 
thereon.  Each  qualified  elector  shall  be  entitled  to  receive 
from  the  judges  one  ballot.  [1891,  ch.  66,  §  23;  R.  G.  1899, 
§  515.] 

§  641.  Only  one  person  in  booth.]  Not  more  than  one 
person  shall  be  permitted  to  occupy  any  one  booth  or  com- 
partment at  one  time  and  no  person  shall  remain  in  or 
occupy  a  booth  or  compartment  longer  than  may  be  neces- 
sary to  prepare  his  ballot  and  in  no  event  longer  than  five 
minutes  when  the  other  booths  or  compartments  are  occu- 
pied.   [1891,  ch.  66,  §  25;  R.  C.  1899,  §  517.] 

§  642.  In  case  elector  spoils  ballot.]  No  person  shall 
take  or  remove  any  ballot  from  the  polling  place  before  the 
close  of  the  polls.  If  any  voter  spoils  a  ballot  he  may  suc- 
cessfully obtain  others,  one  at  a  time,  not  exceeding  three 
in  all,  upon  returning  each  spoiled  ballot.  The  ballots  thus 
returned  shall  be  immediately  canceled  and  together  with 
those  not  distributed  to  the  voters  shall  be  preserved  and 
secured  in  sealed  packages  and  returned  to  the  county  audi- 
tor from  whom  received.  [1891,  ch.  66,  §  26;  R.  G.  1899,  § 
518.] 

§  643.  In  case  of  disability  of  elector.]  Any  voter,  who 
declares  to  the  judges  of  election  or  when  it  appears  to  the 
judges  of  election  that  he  cannot  read  or  that  by  blindness 
or  other  physical  disability  he  is  unable  to  mark  his  ballot, 
shall,  upon  request,  receive  the  assistance  of  two  of  the 
election  officers  in  the  marking  thereof  who  shall  be  chosen 
from  the  different  political  parties,  and  such  officers  shall 
give  no  information  regarding  the  same.  The  judges  ma}^ 
in  their  discretion  require  such  declaration  of  disability  to 
be  made  by  the  voter  under  oath  and  they  are  authorized  to 
administer  such  oath.  No  elector,  other  than  one  who  is 
unable  to  read  or  on  account  of  physical  disability  is  unable 
to  mark  his  ballot,  shall  divulge  to  any  one  within  the  poll- 
ing place  the  name  of  any  candidate  for  whom  he  intends 
to  vote  or  ask  or  receive  the  assistance  of  any  person  within 
the  polling  place  in  the  preparation  of  his  balolt.  [1891,  ch. 
66,  §  27;  R.  G.  1895,  §  519.] 

§  644.  Judges  to  deposit  ballot  in  box.]  When  a  ballot 
shall  be  received  one  of  the  judges  without  opening  the 
same  or  permitting  it  to  be  opened  or  examined  except  to 
ascertain  whether  it  is  a  single  ballot  or  not  shall  deposit  it 
in  the  ballot  box.     [R.  G.  1899,  §  520.] 


state  of  north  dakota 151 

§  645.  Election  booths.  False  swearing.  Penalty.] 
The  inspectors  of  election  shall  provide  in  their  respective 
polling  places  a  sufficient  number  of  booths  or  compart- 
ments which  shall  be  furnished  with  such  supplies  and  con- 
veniences as  to  enable  the  voter  conveniently  to  prepare  his 
ballot  for  voting,  and  in  which  electors  may  mark  their  bal- 
lots, screened  from  observation  and  a  guard  rail  with  an 
opening  so  constructed  that  only  persons  within  such  rail 
can  approach  within  ten  feet  of  the  ballot  boxes  or  booths 
or  compartments  herein  provided  for;  provided,  that  the 
number  of  booths  or  compartments  shall  not  be  less  than 
one  for  each  fifty  electors  or  fraction  thereof,  in  the  pre- 
cinct. No  election  shall  be  held  in  a  room  in  which  spiritous 
or  malt  liquors  are  commonly  sold.  Not  more  than  one 
elector  for  each  booth  shall  be  permitted  within  the  railing 
at  any  one  time.  One  challenger  appointed  and  designated 
from  each  of  the  political  party  organizations  shall  be  en- 
titled to  stand  at  the  opening  of  the  railing  at  the  outside. 
If  any  person  offering  to  vote  shall  be  challenged  by  one  of 
such  challengers  or  by  any  member  of  the  board  of  election, 
such  person  shall,  unless  such  challenge  is  withdrawn,  stand 
aside  and  shall  not  vote  unless  he  makes  an  affidavit  that  he 
is  a  legally  qualified  elector  of  the  precinct,  and  any  one 
who  falsely  swears  in  order  to  cast  his  vote  shall  be  guilty 
of  perjury,  and  upon  conviction  thereof  shall  be  punished 
as  prescribed  in  section  8702,  chapter  12,  penal  code  of  the 
revised  codes  of  1905.  The  expenses  of  providing  such 
booths  or  compartments  and  guard  rails  shall  be  a  public 
charge  and  shall  be  provided  for  in  the  same  manner  as 
other  election  expenses.     [1909  ch.  94.] 

§  646.  -  Ballots  of  women  to  be  deposited  in  separate 
BOX.]  No  ballot  offered  by  any  woman  entitled  to  vote  un- 
der this  chapter  shall  contain  the  name  of  any  person  to  be 
voted  for  at  such  election,  except  candidates  for  a  school 
office,  and  no  such  ballot  shall  contain  any  proposition  to  be 
voted  for  except  such  as  pertain  solely  to  school  matters; 
and  all  such  ballots  shall  be  deposited  in  a  separate  ballot 
box,  but  shall  be  canvassed  with  the  ballots  cast  for  candi- 
dates for  school  office  by  the  male  voters  at  such  election. 
[R.  G.  1895,  §  o22.] 

Article  9. — Canvass  of  Returns. 

§  647.  Canvass  of  votes.]  As  soon  as  the  polls  of  the 
election  shall  be  finally  closed  the  inspectors  shall  proceed 
immediately  to  canvass  publicly  in  the  presence  of  all  per- 
sons desiring  to  attend  the  same  the  votes  received  at  such 
polls,  and  continue  without  adjournment  until  the  canvass  is 


152  ELECTION  LAWS 


completed  and  the  statements  hereinafter  required  are 
rnade.  They  shall  commence  by  a  comparison  of  the  poll 
lists  and  the  correction  of  any  mistakes  therein  until  they 
shall  be  found  or  made  to  agree.  The  box  shall  then  be 
opened  and  the  ballots  taken  out  and  counted  by  the  inspec- 
tors, unopened,  except  so  far  as  to  ascertain  whether  each 
ballot  is  single;  and  if  two  or  more  ballots  are  found  so  fold- 
ed together  as  to  present  the  appearance  of  a  single  ballot 
they  shall  be  laid  aside  until  the  count  of  the  ballot  is  com- 
pleted; and  if,  upon  a  comparison  of  the  count  and  the  ap- 
pearance of  such  ballot,  a  majority  of  the  inspectors  shall 
be  of  the  opinion  that  the  ballots  thus  folded  together  wero 
voted  by  one  elector,  they  shall  be  destroyed.  If  the  ballots 
in  the  box  shall  be  found  to  exceed  in  number,  after  any 
such  ballots  folded  together  are  destroyed,  the  whole  num- 
ber of  votes  on  the  poll  lists,  they  shall  be  replaced  in  the 
box  and  one  of  the  inspectors  shall  publicly  draw  therefrom 
by  chance  and  without  examination  thereof  and  destroy  as 
many  ballots  unopened  as  shall  be  equal  to  such  excess.  The 
number  of  ballots  agreeing,  or  so  as  aforesaid  being  made 
to  agree  with  the  poll  lists,  the  inspectors  shall  then  proceed 
to  open,  count  and  ascertain  the  number  of  votes.  [1891,  ch. 
66,  §  35;  R.  G.  1899,  §  523.] 

(When  name  of  candidate  appears  more  than  once 
on  ballot,  cannot  be  counted.  Parmley  v.  Healy,  7  S.  D. 
401,  64  N.  W.  186;  Vallier  v.  Brakke,  7  S.  D.  343,  64  N. 
W.  180.) 

(Construction  given  markings  on  ofhcial  ballots  is  a 
question  for  court  and  not  for  jury.  Identifying  marJj; 
vitiates  ballot.  Church  vs.  Walker,  10  S.  D.  90,  72  N.  W, 
101.) 

§  648.  Ballots,  when  void.]  In  the  canvass  of  the  votes, 
any  ballot  which  is  not  indorsed  as  provided  in  this  chapter 
by  the  official  stamp  and  initials  shall  be  void  and  shall  not 
be  counted,  and  any  ballot  or  parts  of  a  ballot  from  which  it 
is  impossible  to  determine  the  elector's  choice  shall  be  void 
and  shall  not  be  counted;  provided,  that  when  a  ballot  is 
sufficiently  plain  to  gather  therefrom  a  part  of  the  voter's 
intention  it  shall  be  the  duty  of  the  judges  of  election  to 
count  such  part.    [1891,  ch.  66,  §  30;  R.  C.  1899,  §  524.] 

(Mandatory.  Unstamped  ballots  illegal.  Miller  v. 
Schallern,  8  N.  D.  395,  79  N.  W.  865;  Lorin  v.  Seitz,  8  N. 
D.  404,  79  N.  W.  869;  Howser  v.  Pepper,  8  N.  D.  484,  79 
N.  W.  1018.) 

§  649.    Result  of  canvass  to  be  immediately  announced.] 
The  inspectors  shall  as  soon  as  the  count  is  completed  pub- 


STATE  OF  NORTH  DAKOTA 153 

licly  announce  the  result  tliereof,  specifying  the  whole  num- 
ber of  votes  cast  for  each  office  and  for  each  candidate  re- 
spectively; also  the  number  of  votes  cast  for  and  against 
each  proposition  voted  for  at  such  election.  They  shall  im- 
mediately prepare  in  duplicate  a  statement  in  writing  set- 
ting forth  at  length,  in  words  and  figures,  the  whole  number 
of  votes  cast  for  each  office  and  the  names  of  all  the  persons 
for  whom  such  votes  were  cast,  together  with  the  number 
of  votes  cast  for  each  person;  also  the  number  of  votes  cast 
for  and  against  each  proposition  voted  upon  at  such  election 
which  statement  they  shall  certify  to  be  correct.  [1891,  ch. 
66,  §  36;  R.  C.  1899,  §  525.] 

§  650.  Returns.  How  and  where  made.  Compensation 
OF  officers.]  The  inspector  of  election  or  one  of  the  judges 
appointed  by  him,  shall  forthwith  deliver  to  the  clerk  of  the 
town,  city  or  village,  one  of  such  statements  and  one  of  such 
poll  lists,  together  with  the  stamp  inscribed  with  the  words 
"official  ballot,"  to  be  filed  and  preserved  in  his  office,  and 
shall  with  all  convenient  dispatch  and  within  three  days 
after  the  election,  deliver  the  other  statement  to  the  county 
auditor,  said  statement  having  been  by  the  judges  carefully 
sealed  up,  together  with  the  other  poll  lists,  and  with  the 
oaths  of  inspectors  and  clerks  affixed,  under  cover,  properly 
directed  to  the  county  auditor,  and  the  person  delivering 
such  returns  shall  receive  as  compensation  therefor  the  sum 
of  two  dollars  and  mileage  at  the  rate  of  ten  cents  per  mile, 
for  each  mile  necessarily  traveled  in  going  to  and  from  such 
auditor's  office,  to  be  paid  out  of  the  county  treasury  on  the 
warrant  of  the  county  auditor. 

The  statement  and  poll  list  aforesaid,  having  been  duly 
prepared  for  delivery  to  the  county  auditor  as  aforesaid, 
the  inspector  and  judges  of  election  shall  cause  the  ballots- 
of  each  kind  cast  at  such  election  to  be  smoothly  spread  up- 
on a  wrapper  of  strong,  durable  paper  of  the  same  width  of 
such  ballots  and  of  sufficient  strength  to  permit  of  its  being 
folded  with  the  said  ballots  and  form  a  complete  wrapper 
therefor  when  folded.  Such  ballots  and  wrappers  shall  then 
DC  tightly  folded  together  and  the  said  wrapper  securely 
pasted  or  glued  at  the  outer  end  so  as  to  completely  envelop 
and  firmly  hold  such  roll  together. 

Provided,  that  ballots  which  are  void  shall  be  wrapped  in 
a  separate  wrapper  and  so  marked  on  said  wrapper. 

In  the  folding  and  sealing  of  the  ballots  as  aforesaid,  the 
various  classes  of  ballots  shall  be  kept  separate. 

The  judges  shall  fold  in  two  folds  and  lay  in  tiers  all  bal- 
lots counted  by  them  except  those  which  are  void,  and  fold 
same  securely  in  manilla  wrappers  not  exceeding  two  hun- 


154  ELECTION  LAWS 


dred  (200)  to  each  wrapper,  on  which  shall  be  endorsed  in 
writing  or  print,  the  number  of  the  precinct,  date  on  which 
the  election  was  held,  and  securely  seal  such  wrappers  by 
sealing  them  with  sealing  wax  and  stamping  on  said  wax 
the  name  of  the  county  with  a  metal  stamp,  provided  for 
that  purpose,  so  that  said  wrappers  cannot  be  opened  with- 
out breaking  the  seal,  and  return  said  ballots  together  with 
those  found  void,  to  the  county  judge.  Immediately  upon 
receiving  such  ballots,  the  county  judge  shall  give  a  receipt 
therefor  to  said  judges  of  election,  and  shall  place  them 
properly  arranged  in  the  order  of  the  precinct  numbers  in 
boxes  which  shall  be  securely  locked.  Said  boxes  shall  be 
placed  in  a  fire  proof  vault  and  shall  be  securely  kept  for 
six  months,  not  opening  or  inspecting  them  nor  allowing 
anyone  else  to  do  so,  except  upon  order  of  court,  in  case  of 
contested  election,  or  when  it  shall  be  necessary  to  produce 
them  at  a  trial  for  any  offense  committed  at  elections.  At 
the  end  of  six  months  after  said  election,  said  ballots  shall 
be  destroyed;  provided,  that  if  any  contest  of  the  election 
of  any  officer,  voted  for  at  such  election,  or  prosecution  un- 
der this  Article  shall  be  pending  at  the  expiration  of  said 
time,  the  said  ballots  shall  not  be  destroyed  until  such  con- 
test or  prosecution  be  finally  determined.  In  organized 
townships  or  in  cities  or  villages,  the  inspector  of  elections 
shall  deliver,  if  he  is  not  himself  the  officer  in  question,  the 
ballot  boxes  together  with  said  metal  stamp  to  the  chair- 
man of  the  board  of  supervisors  of  the  civil  township,  or 
mayor  of  the  city  or  president  of  the  village,  in  which  the 
election  precinct  is  situated,  as  the  case  may  be;  and  this 
officer  shall  keep  in  safe  custody  such  boxes  and  stamp  un- 
til the  next  election,  or  hand  them  over  to  his  successor  in 
office  to  be  safely  kept  by  him  until  such  time.  At  the  fol- 
lowing general  or  primary  election  it  shall  be  the  duty  of 
these  officers  to  hand  the  ballot  boxes  and  said  stamp  over 
to  the  inspector  of  elections.  In  unorganized  townships  the 
inspector  of  elections  shall  cause  the  ballot  boxes  to  be  de- 
livered to  the  county  auditor,  at  the  same  time,  by  the  same 
person  returning  the  ballots,  and  no  extra  compensation 
shall  be  allowed  for  such  delivery.  Any  person  violating 
any  of  the  provisions  of  this  Section  is  guilty  of  a  misdeme- 
anor. 

It  is  the  purpose  of  this  Act  to  provide  a  safe  place  for 
the  keeping  of  the  ballots  and  to  make  them  readily  acces- 
sible for  use  in  legal  proceedings,  and  such  ballots  shall  be 
received  in  evidence  without  further  identification  or 
foundation  being  laid,  and  any  failure  on  the  part  of  the 
election  officers  to  comply  with  any  of  the  formalities  re- 
quired hereby  as  to  the  return  of  said  ballots,  shall  not  in- 


STATE  OF  NORTH  DAKOTA 155 

validate  any  election  or  cause  any  ballot  otherwise  regular 
to  be  disregarded  and  any  omission  or  irreguarities  in  the 
manner  of  identifying  or  returning  the  ballots  of  any  pre- 
cinct may  be  obviated  by  proof  under  the  ordinary  rules  of 
evidence.     [1913  chap.  154.] 

§  651.  Abstract  of  votes.  Certificates  of  election. 
Tie,  how  decided.  Publication  of  returns.]  On  the  fif- 
teenth day  after  the  close  of  any  election,  or  as  soon  as  the 
returns  are  received,  the  county  auditor  shall  call  to  his 
assistance  a  majority  of  the  county  commissioners  of  the 
county  or  the  county  treasurer,  county  judge  and  one  county 
commissioner,  and  none  of  the  persons  so  called  shall  be  a 
candidate  for  office,  unless  there  is  not  sufficient  of  such 
officers  who  are  not  candidates,  and  shall  proceed  to  open 
such  returns  and  make  abstracts  of  votes  in  the  manner 
following  from  the  certified  statements  prepared  by  the 
difTerent  inspectors  of  election  in  the  various  precincts. 
The  abstract  of  votes  for  member  of  congress,  governor, 
state  auditor,  commissioner  of  insurance,  commissioner  of 
agriculture  and  labor,  state  treasurer,  secretary  of  state,  at- 
torney general,  commissioners  of  railroads,  superintendent 
of  public  instruction  and  lieutenant  governor  shall  be  on 
one  sheet;  the  abstract  of  votes  for  members  of  the  legisla- 
tive assembly  shall  be  on  one  sheet;  the  abstract  of  votes 
for  county  and  precinct  officers  shall  be  on  one  sheet;  and 
it  shall  be  the  duty  of  the  county  auditor  immediately  to 
make  out  a  certificate  of  election  to  each  of  the  persons 
having  the  highest  number  of  votes  for  county  and  precinct 
officers  respectively,  and  to  deliver  such  certificate  to  the 
person  entitled  .thereto  on  his  making  application  to  the 
county  auditor  therefor;  provided,  that  when  a  tie  shall 
exist  between  two  or  more  persons  for  the  senate  or  house 
of  representatives,  if  such  district  is  within  the  boundary  of 
one  county,  the  auditor  of  such  county  and  if  such  district 
is  within  the  boundaries  of  more  than  one  county,  then  the 
county  auditor  of  the  county  casting  the  greater  number  of 
votes  for  the  office  of  governor,  shall  immediately  by  regis- 
tered letter  addressed  to  the  respective  candidates  at  their 
post  office  address,  give  notice  to  the  several  persons  so 
having  the  highest  and  equal  number  of  votes  to  attend  at 
his  office  at  a  time  appointed  by  him,  which  shall  not  be 
more  than  twenty  days  after  the  tie  shall  have  been  de- 
clared by  such  county  auditor  and  they  shall  then  proceed 
publicly  to  decide  by  lot  which  of  the  persons  so  having  the 
highest  and  equal  number  of  votes  shall  be  declared  duly 
elected  and  such  auditor  shall  make  and  deliver  to  the  per- 
son thus  declared  duly  elected  a  certificate  of  his  election 
as  hereinbefore  provided.    It  shall  be  the  duty  of  the  coun- 


156  ELECTION  LAWS 


ty  auditor  of  each  county,  on  receipt  of  the  returns  of  any 
election,  to  make  out  his  certificate,  stating  therein  the 
compensation  to  which  the  judges  and  clerks  of  election 
may  be  entitled  for  their  services  and  lay  the  same  before 
the  board  of  county  commissioners  at  their  next  session, 
and  the  said  board  shall  order  the  compensation  aforesaid 
to  be  paid  out  of  the  county  treasury.  Immediately  after 
canvassing  the  returns  and  making  the  abstract  of  votes  as 
provided  in  this  section,  the  county  auditor  shall  make  a 
certified  copy  of  each  abstract  and  forward  it  to  the  secre- 
tary of  state,  and  also  cause  to  be  published  in  the  official 
newspapers  of  the  county,  in  tabular  form,  the  vote  by  pre- 
cincts for  each  officer  and  proposition  voted  for  at  said 
election;  such  publication  to  be  paid  for  at  a  rate  not  ex- 
ceeding the  rate  paid  for  publishing  county  commissioners 
proceedings.  If  the  county  auditor  is  a  candidate  for  office, 
he  shall  take  no  part  in  the  canvass,  but  shall  act  as  clerk  of 
such  board  of  canvassers,  and  the  two  officers  called  to  the 
assistance  of  the  county  auditor  to  make  such  canvass, 
shall  call  to  their  assistance  a  justice  of  the  peace,  and  it 
shall  thereupon  be  their  duty  at  once  to  attend  and  canvass 
such  returns  as  provided  by  law.     [1909  ch.  95.] 

§  652.  Tie  vote.  Duty  of  county  auditor.]  If  the  re- 
quisite number  of  officers  shall  not  be  elected  l3y  reason  of 
two  or  more  persons  having  an  equal  and  highest  number 
of  votes  for  one  and  the  same  office,  the  county  auditor 
whose  duty  it  is  to  compare  the  polls  shall  give  notice  to 
the  several  persons  so  having  the  highest  and  equal  num- 
ber of  votes  to  attend  at  his  office  at  a  time  appointed  by 
him,  and  they  shall  then  proceed  publicly  to  decide  by  lot 
which  of  the  persons  so  having  an  equal  number  of  votes 
shall  be  declared  duly  elected,  and  such  auditor  shall  make 
and  deliver  to  the  person  thus  declared  duly  elected  a  certi- 
ficate of  his  election  as  hereinbefore  provided.  [R.  G.  1899, 
§  528.] 

§  653.  State  board  of  canvassers,  how  constituted.] 
The  secretary  of  state,  state  auditor,  state  treasurer,  attor- 
ney general  and  superintendent  of  public  instruction  shall 
constitute  the  state  board  of  canvassers,  three  of  whom 
shall  be  a  quorum  for  the  transaction  of  business,  and  if 
less  than  a  quorum  of  said  officers  attend  on  the  day  ap- 
pointed for  a  meeting  of  the  board,  then  those  so  attending 
are  hereby  authorized  to  summon  others  of  the  state  offi- 
cers sufficient  to  constitute  a  quorum,  who  on  being  notified 
by  the  officer  or  officers  so  attending,  shall  attend  without 
delay  and  act  as  a  member  of  such  board.  [1892,  Sp.;  R.  C. 
1895,  §  530.] 


I 


STATE  OF  NORTH  DAKOTA 157 

§  654.  When  member  disqualified.]  When  a  member 
of  such  board  is  a  candidate  for  any  office  as  to  which  the 
votes  are  to  be  canvassed  by  him,  the  governor  shall  desig- 
nate some  other  state  officer  who  shall  act  in  his  stead  at 
the  session  of  the  board  while  the  votes  given  for  such 
member  are  being  canvassed.     [1892,  Sp.;  R.  C.  1899,  §  531.] 

§  655.  County  auditor  to  forward  abstract  of  votes.] 
It  shall  be  the  duty  of  the  county  auditor  of  each  county, 
under  his  official  seal,  to  return  to  the  secretary  of  state  on 
or  before  the  first  Tuesday  of  December  following  any 
general  election,  and  within  thirty  days  following  any  spe- 
cial election,  a  certified  abstract  of  the  number  of  votes 
cast  in  his  county  at  such  election  for  each  candidate  for 
state  and  congressional  offices,  electors  for  president  and 
vice  president,  judges  of  the  supreme  and  district  courts, 
members  of  the  legislative  assembly  and  for  amendments 
to  the  constitution  or  proposition  submitted  by  the  legisla- 
tive assembly;  provided,  that  the  county  auditor  shall  make 
a  separate  certified  abstract  of  the  votes  cast  for  persons 
for  electors  of  president  and  vice  president  of  the  United 
States.  He  shall  seal  up  such  separate  abstract  and  in- 
dorse it:  "Presidential  Elector  Returns"  and  without  de- 
lay transmit  it  to  the  secretary  of  state  by  registered  mail. 
[1892,  Sp.;  R.  G.  1895,  §  532.] 

§  656.  Secretary  of  state  to  file  abstract  of  votes.] 
The  secretary  of  state  upon  receipt  of  the  certified  abstract 
of  votes  from  the  several  counties  shall  record  the  result  of 
such  election  by  counties  and  shall  file  and  carefully  pre- 
serve the  certified  statements  so  received  from  the  county 
auditors,  and  if  no  such  statement  shall  be  received  by  him 
from  the  county  auditor  of  any  county  prior  to  the  time 
specified  for  the  meeting  of  the  state  board  of  canvassers 
he  may  and  it  is  his  duty  to  dispatch  a  special  messenger 
to  obtain  such  statement,  at  the  expense  of  such  county, 
and  such  auditor  shall  on  demand  of  such  messenger  make 
and  deliver  to  him  the  statement  required  which  the  mes- 
senger shall  deliver  to  the  secretary  of  state  to  be  recorded 
and  filed  by  him  as  aforesaid.  Such  messenger  shall  be  al- 
lowed the  sum  of  ten  cents  per  mile  for  each  mile  necessar- 
ily traveled  in  going  to  and  returning  from  the  office  of  such 
county  auditor,  the  same  to  be  audited  by  the  state  auditor 
upon  the  certificate  of  the  secretary  of  state  and  the  state 
treasurer  shall  present  a  bill  for  the  amount  so  audited 
against  the  county  failing  to  send  up  such  returns  as  above 
provided,  which  bill  so  presented  shall  be  audited  by  the 
board  of  county  commissioners  of  such  county  and  paid  by 
the  county  treasurer.     [1892,  Sp.;  R.  G.  1895,  §  533.] 


158  ELECTION  LAWS 


§  657.  State  canvassing  board,  meeting  of.]  For  the 
purpose  of  canvassing  and  ascertaining  the  result  of  such 
election  the  state  board  of  canvassers  shall  meet  at  the  of- 
fice of  the  secretary  of  state  on  the  second  Tuesday  in  De- 
cember next  after  a  general  election  and  within  forty  days 
after  a  special  election,  and  the  secretary  of  state  shall 
notify  the  other  members  of  the  board  of  the  same.  [1892, 
Sp.;  R.  G.  1899,  §  534.] 

§  658.  Duty  of  board.]  The  board  when  thus  formed  shall 
examine  such  certified  statements  of  the  county  canvassers, 
and  if  it  shall  appear  that  any  material  mistake  has  been 
made  in  the  computation  of  votes  given  for  any  person,  or 
that  the  county  canvassers  in  any  county  have  omitted  to 
canvass  the  votes,  or  any  part  thereof,  cast  in  any  precinct 
in  their  county,  the  board  may  dispatch  a  messenger 
to  the  county  auditor  of  such  county  at  the  expense  of  such 
county,  with  its  requirement  in  writing  to  him  to  certify  the 
facts  concerning  such  mistake  and  the  reason  why  such 
votes  were  not  canvassed;  and  the  county  auditor  to  whom 
any  such  requirement  is  delivered  shall  forthwith  make  a 
true  and  full  answer  thereto  under  his  hand  and  official 
seal,  and  deliver  the  same  to  such  messenger  who  shall  de- 
liver the  same  with  all  convenient  dispatch  to  the  secretary 
of  state.     [1892,  Sp.;  R.  C.  1895,  §  535.] 

(May  adjourn  for  a  reasonable  time  to  obtain  prop- 
erly authenticated  returns.  Woods  v.  Sheldon,  9  S.  D. 
392,  69  N.  W.  602. 

§  659.  Adjournment  of  board.]  Such  board  may  ad- 
journ from  day  to  day,  not  exceeding  three  days  in  all,  ex- 
cept to  await  the  return  of  a  messenger  dispatched,  as  pro- 
vided in  the  preceding  section,  and  then  only  for  such  time 
as  may  be  necessary.  [1892,  Sp.;  1897,  ch.  34;  R.  C.  1899,  § 
536.] 

§  660.  Canvass  of  votes  to  be  public]  Upon  the  certi- 
fied statements  and  returns  so  received  the  board  shall  pro- 
ceed publicly  to  examine  and  make  a  statement  of  the 
whole  number  of  votes  given  at  any  such  election  for  each 
and  all  state  officers;  and  another  statement  of  the  votes 
given  for  members  of  congress,  each  of  which  statements 
shall  show  the  names  of  the  persons  to  whom  such  vote 
shall  have  been  given  for  either  of  said  offices,  and  the 
whole  number  of  votes  given  to  each,  distinguishing  the 
several  districts  and  counties  in  which  they  are  given.  A 
majority  of  such  canvassers  shall  decide  all  matters  of  dis- 
agreement, and  they  shall  disregard  all  technicalities  and 
mis-spelling,  the  use  of  initial  letters  and  abbreviations  of 


STATE  OF  NORTH  DAKOTA 159 

the  names  of  candidates,  if  it  can  be  ascertaind  from  the 
returns  for  whom  the  votes  were  intended.  In  case  there 
shall  be  no  choice  by  reason  of  any  two  or  more  persons 
having  an  equal  and  the  highest  number  of  votes  the  gov- 
ernor shall  by  proclamation  order  a  new  election.  [1892, 
Sp.;  R.  C.  1895,  §  537.] 

§  661.  Certificate  of  result.]  They  shall  certify  such 
statements  to  be  correct  and  subscribe  their  names  thereto 
and  they  shall  thereupon  determine  what  persons  have 
been  by  the  greatest  number  of  votes  duly  elected  to  such 
offices,  or  either  of  them,  and  shall  make  out  and  subscribe 
on  eacli  statement  a  certificate  of  such  determination  and 
deliver  the  same  to  the  secretary  of  state.  [1892,  Sp.;  R.  G. 
1899,  §  538.] 

§  662.  Certificates  of  election,  secretary  of  state  to 
ISSUE.]  The  secretary  of  state  shall  record  in  his  office 
each  certified  statement  and  determination  so  made  by  said 
board,  and  shall  forthwith  make  out  and  transmit  to  each 
of  the  persons  thereby  declared  to  be  elected  a  certificate  of 
election  as  hereinafter  provided  and  he  shall  also  forth- 
with cause  a  copy  of  such  certified  statement  and  determ- 
ination to  be  published  in  a  newspaper  printed  at  the  seat 
of  government.     [1892,  Sp.;  R.  C.  1899,  §  539.] 

§  663.  Certificate  for  members  of  congress.]  Certifi- 
cates of  the  election  of  members  of  congress  shall  be  signed 
by  the  governor  with  the  great  seal  affixed  and  be  counter- 
signed by  the  secretary  of  state  and  the  governor  shall 
cause  same  to  be  delivered  to  the  persons  elected.  [1892, 
Sp.;  R.  C.  1899,  §  540.] 

§  664.  Presidential  electors.]  The  board  in  examin- 
ing and  making  a  statement  of  the  votes  and  in  determin- 
ing and  certifying  the  persons  chosen  as  electors  of  presi- 
dent and  vice  president  shall  proceed  in  the  manner  pre- 
scribed by  law  to  be  pursued  by  them  in  the  canvass  for 
state  officers,  and  the  secretary  of  state  shall  likewise  file 
and  record  such  statement  and  determination.  In  canvas- 
sing the  returns  for  presidential  electors  the  persons  hav- 
ing the  greatest  number  of  votes  are  to  be  declared  elected, 
and  if  more  than  the  requisite  number  of  persons  are  found 
to  have  the  greatest  and  an  equal  number  of  votes  the  elec- 
tion of  one  of  them  shall  be  determined  by  lot,  to  be  drawn 
by  the  governor  in  the  presence  of  the  other  canvassers. 
The  secretary  of  state  shall  prepare  three  lists  of  the  names 
of  such  electors  elected  at  any  election,  procure  thereto  the 
signature  of  the  governor,  and  affix  the  great  seal  of  the 
state  to  the  same,  and  deliver  such  certificate  thus  signed 


160  ELECTION  LAWS 


and  sealed  to  said  electors  on  or  before  the  second  Monday 
in  January  next  after  such  election.  [1892,  Sp.;  R.  G.  1895, 
§  541.] 

§  665.  Form  of  certificate.]  A  certificate  shall  be  pre- 
pared by  the  secretary  of  state  for  each  person  elected,  in 
substance  as  follows: 

At  an  election  held  on  the day  of A.  B.  was 

elected  to  the  office  of of  said  state  for  the  term 

of years  from  .the day  of in  the  year 

or,  if  to  fill  vacancy,  say  for  the  residue  of  the  term  ending 
on  the day  of A.  D.  19. . . . 

Given  at  Bismarck  this day  of A.  D.  19. . . . 

Which  certificate  shall  be  signed  by  the  governor  and  the 
secretary  of  state,  and  the  seal  of  the  state  affixed,  and  be 
attested  by  at  least  one  of  the  other  canvassers.  [1892,  Sp.; 
R.  G.  1899,  §  542.] 

§  666.  Gertificates  of  election.]  The  secretary  of  state 
shall  issue  certificates  of  election  to  all  members  of  the 
legislative  assembly  at  the  time  that  certificates  of  election 
to  state  officers  by  him  are  issued.'     [1903,  ch.  119.] 

§    667.       GONSTITUTIONAL    AMENDMENTS,    ETC.        GeRTIFICATES 

as  to.]  For  the  purpose  of  canvassing  and  ascertaining  the 
result  of  the  votes  taken  at  any  election  upon  any  proposed 
amendment  to  the  constituiton,  or  proposition  submitted  to 
a  vote  of  the  people  by  the  legislative  assemby,  the  state 
board  of  canvassers  shall  proceed  to  examine  such  state 
ments,  and  to  ascertain  and  determine  the  result  and  shall 
certify  under  their  hands  a  statement  of  the  whole  number 
of  votes  given  for  and  the  whole  number  of  votes  given 
against  such  amendment  or  proposition,  and  they  shall 
thereupon  determine  whether  such  amendment  or  proposi- 
tion has  been  approved  and  ratified  by  a  majority  of  the 
electors  voting  thereon,  and  shall  make  and  subscribe  on 
such  statement  a  certificate  of  such  determination.  [1892, 
Sp.;  R.  G.  1899,  §  543.] 

§668.  Record  of  result.]  The  secretary  of  state  shall 
record  in  his  office  such  certified  statements  and  determin- 
ation; and  if  it  shall  appear  that  such  amendment  or  pro- 
position has  been  approved,  ratified  or  adopted  as  afore- 
said, he  shall  also  make  a  record  thereof,  and  cause  such 
record  to  be  bound  in  the  volume  containing  the  original 
enrolled  laws  passed  at  the  next  succeeding  session  of  the 
legislative  assembly,  and  cause  such  record  to  be  published 
with  such  laws.     [1892,  Sp.;  1899,  §  544.] 


STATE  OF  NORTH  DAKOTA 161 

§  669.  What  returns  shall  be  canvassed.]  The  board 
of  state  canvassers,  in  canvassing  to  ascertain  the  result  ol 
any  election,  shall  canvass  only  the  regular  returns  made 
by  the  county  board  of  canvassers,  as  provided  in  this  chap- 
ter.    [1892,  Sp.;  R.  G.  1899,  §  545.] 

§  670.  Proclamation  of  result  by  governor.]  The  gov- 
ernor shall,  within  ten  days  after  the  completion  of  the 
canvass  by  the  state  board  of  canvassers  of  the  votes  cast 
for  presidential  electors,  as  certified  by  the  auditors  of  the 
respective  counties,  declare  by  proclamation,  to  be  printed 
in  some  newspaper  printed  and  published  at  the  seat  of 
government,  the  names  of  the  several  persons  who  have  re- 
ceived not  less  than  one-fifth  of  all  the  votes  cast,  and  the 
number  of  votes  received,  by  each  person,  and  the  several 
persons,  who  have  received  the  highest  number  of  votes  so 
returned,  and  whose  election  shall  not  have  been  contested 
and  notice  of  such  contest  given  to  the  governor  within  ten 
days  after  the  date  of  such  proclamation,  shall  be  deemed 
and  taken  to  be  elected,  and  the  governor  shall  thereupon 
transmit  to  each  person  so  chosen  a  certificate  of  his  elec- 
tion.    [1892,  Sp.;  R.  C.  1899,  §  546.] 

§  671.  Informality  in  returns  disregarded.]  No  elec- 
tion returns  shall  be  refused  by  any  county  auditor  for  the 
reason  that  the  same  may  be  returned  or  delivered  to  him 
in  any  other  than  the  manner  directed  in  this  chatper,  nor 
shall  he  refuse  to  include  any  returns  for  any  informality 
in  holding  an  election  or  in  making  returns  thereof;  but  all 
returns  shall  be  received  and  the  votes  canvassed  and  a  cer- 
tificate given  to  the  person  who  may  by  such  returns  have 
the  greatest  number  of  votes.     [R.  C.  1899,  §  547] 

§  672.  Canvassers,  how  to  proceed.]  The  county  audi- 
tor and  other  persons  constituting  the  county  board  of  can- 
vassers shall,  in  canvassing  the  election  returns,  disregard 
technicalities  and  misspelling,  the  use  of  initial  letters  or 
abbreviations  of  the  name  of  the  candiates  for  office,  if  it 
can  be  ascertained  from  such  vote  for  whom  they  were  in- 
tended; but  they  shall  not  count  votes  polled  in  any  place 
except  as  established  precincts,  and  a  breach  of  the  provis- 
ions of  this  section  shall  be  deemed  a  misdemeanor  in  office 
and  punished  accordingly.  A  majority  of  the  members  of 
such  board  shall  decide  all  maters  of  disagreement.  [R.  C. 
1895,  §  548.] 


I 


§  673.  Defective  returns.  Duty  of  canvassing  board. 
Penalty.]  When  the  returns  of  the  election  precinct  offi- 
cers are  made  to  the  county  canvassing  board  as  now  pro- 
vided by  law,  in  case  any  provision  of  the  law  relative  to 


162  ELECTION  LAWS 


the  duties  of  said  election  precinct  officers  has  not  been 
complied  with  by  said  election  precinct  officers,  and  which 
is  capable  of  correction  or  compliance  by  said  board,  the 
county  canvassing  board  is  authorized  and  empowered  to 
issue  its  subpoenas  to  the  officers  of  the  election  precinct 
wherein  the  defect  occurs,  requiring  said  officers  to  appear 
forthwith  before  said  county  canvassing  board  and  correct 
any  omission  or  mistake  accordig  to  the  facts,  and  said 
amended  or  corrected  returns  shall  then  be  acted  on  by 
said  county  canvassing  board,  and  said  county  canvassin^i 
board  shall  issue  its  certificate  of  election  to  the  party  en- 
titled thereto,  as  shown  by  the  returns  as  amended  or  cor- 
rected. In  case  any  officer  of  any  election  precinct  so  sub- 
poenaed should  neglect  or  refuse  to  obey  said  subpoena,  the 
said  person  so  refusing  shall  be  arrested  by  bench  warrant 
issued  out  of  the  office  of  the  clerk  of  district  court,  in  the 
county  where  said  proceedings  occur,  and  brought  before 
said  canvassing  board  and  there  make  the  necessary  cor- 
rection according  to  the  facts,  and  a  refusal  of  said  officer 
to  make  the  said  correction  shall  be  deemed  a  contempt  of 
the  district  court,  to  be  punished  as  provided  for  ordinary 
contempt  of  court,  upon  the  proper  showing,  and  the  pro- 
cedure shall  be  the  same  as  in  ordinary  cases  of  contempt 
of  court.     [1903,  ch.  91.] 

§  674.  Returns  indorsed  by  secretary  of  state.]  A 
memorandum  of  the  date  of  reception  of  all  returns  of  votes 
at  the  secretary's  office  shall  be  made  at  such  office  on  the 
envelope  containing  them.     [R.  C.  1899,  §  549.] 

Article  10. — Resignations  and  Vacancies. 

§  675.  Resignations  and  vacancies.  Special  election.] 
Any  person  who  shall  receive  a  certificate  of  his  election  as 
a  member  of  the  legislative  assembly,  county  auditor,  coun- 
ty treasurer,  register  of  deeds,  sheriff,  state's  attorney,  clerk 
of  the  district  court,  county  judge  or  county  commissioner, 
shall  be  at  liberty  to  resign  such  office,  although  he  ma)'' 
not  have  entered  upon  the  execution  of  the  duties  thereof 
or  taken  the  requisite  oath  of  office,  and  when  any  vacancy 
shall  happen  in  the  legislative  assembly  by  death,  resigna- 
tion or  otherwise  it  shall  be  the  duty  of  the  county  auditor 
of  the  county  in  which  such  vacancy  occurs  officially  to 
notify  the  governor  thereof;  whereupon  the  governor  shall 
issue  a  writ  of  election  directed  to  the  sheriff  of  such  coun- 
ty commanding  him  to  notify  the  several  boards  of  election 
in  his  county  or  district  to  hold  a  special  election  to  fill  such 
vacancy  at  a  time  to  be  apointed  by  the  governor;  provided, 
that  if  there  is  no  session  of  the  legislative  assembly  be- 


STATE  OF  NORTH  DAKOTA 163 

tween  the  time  such  vacancy  occurs  and  the  time  of  hold- 
ing the  next  general  election,  it  shall  not  be  necessary  to 
order  a  special  election  to  fill  such  vacancy;  and  when  any 
vacancy  occurs  in  the  office  of  a  member  of  congress  from 
this  state,  it  shall  be  the  duty  of  the  governor  to  issue  his 
proclamation  appointing  a  day  to  hold  a  special  election  to 
fill  such  vacancy.     [R.  C.  1899,  §  550.] 

§  676.  Duty  of  governor  in  case  of  certain  vacancies.] 
Should  a  vacancy  occur  in  the  office  of  a  member  of  the 
legislative  assembly,  while  in  session,  by  death,  resignation, 
removal  or  otherwise,  it  shall  be  the  duty  of  the  governor 
immediately  upon  receiving  official  notice  thereof  to  pro- 
ceed in  the  same  manner  as  is  prescribed  for  other  cases  in 
the  preceding  section.     [R.  C.  1899,  §  551.] 

§  677.  Division  of  legislative  district  subsequent  to 
election.]  If  a  vacancy  occurs  in  the  legislative  assembly 
for  any  cause,  and  the  county  or  counties  comprising  the 
district  in  which  such  vacancy  occurs  shall  have  been  di- 
vided after  the  election  of  the  member  whose  seat  is  vacant, 
and  before  the  election  to  fill  such  vacancy,  such  election 
shall  be  ordered  in  each  county  in  which  any  part  of  the 
original  county  or  district  may  be  situated;  but  no  person 
shall  be  permitted  to  vote  at  such  election  who  does  not  at 
the  time  reside  within  the  limits  of  the  county  or  district  in 
which  such  vacancy  occurred.     [R.  C.  1895,  §  552.] 

§  678.  Canvass  and  returns  of  election  to  fill  vacan- 
cies.] Votes  cast  at  elections  to  fill  vacancies  shall  be  can- 
vassed and  returned  as  provided  in  other  cases,  and  the 
county  auditor  shall  without  delay  forward  to  the  secretary 
of  state  the  abstracts  of  the  same.     [R.  C.  1895,  §  553.] 

Article  11. — Presidential  Electors. 

§  679.  When  electors  convene.  Vacancies,  how  filled.] 
The  electors  of  president  and  vice  president  shall  convene 
at  the  seat  of  government  of  this  state  on  the  second  Mon- 
day in  January  next  after  their  election  at  the  hour  of 
twelve  o'clock  noon  of  that  day,  and  if  there  shall  be  anN 
vacancy  in  the  office  of  an  elector,  occasioned  by  the  death 
or  refusal  to  act,  neglect  to  attend  or  other  cause,  the  elec- 
tors present  shall  immediately  proceed  to  fill  such  vacancy 
by  ballot,  by  a  plurality  of  votes,  and  when  all  the  electors 
shall  appear,  or  the  vacancies  shall  have  been  filled  as 
?bove  provided  they  shall  proceed  to  perform  the  dutie^j 
required  of  such  electors  by  the  constitution  and  laws  of 
the  United  States.    [1890,  ch.  109,  §  1;  R.  C.  1895,  §  554.] 


164  ELECTION  LAWS 


§  680. — Per  diem  and  mileage.]  The  electors  of  presi- 
dent and  vice  president  of  the  United  States  shall  receive 
the  same  per  diem  and  mileage  as  is  allowed  to  members  of 
the  legislative  assembly,  and  there  is  hereby  appropriated 
as  a  standing  and  continuing  appropriation  such  a  sum  of 
money  as  may  be  necessary  to  pay  such  per  diem  and  mile- 
age.   [1892,  Sp.;  R.  G.  1899,  §  555.] 

Article  12. — Miscellaneous  Provisions. 

§  681.  Penalty  for  depositing  unstamped  ballot.]  No 
inspector  or  judge  of  election  shall  deposit  in  any  ballot 
box  any  ballot  upon  which  the  official  stamp  as  hereinbe- 
fore provided  for  does  not  appear.  Every  person  violating 
the  provisions  of  this  section  is  guilty  of  a  misdemeanor. 
[1891,  ch.  66,  §  28;  R.  C.  1899,  §  556.] 

§  682.  Penalty  for  rejecting  legal  vote.]  Any  board 
of  election  or  any  member  of  any  board  of  election  who 
willfully  and  knowingly  rejects  any  legal  vote  shall  be  sub- 
ject to  a  fine  of  fifty  dollars  to  be  collected  in  a  civil  action 
before  any  justice  of  the  peace  in  the  name  and  for  the 
benefit  of  the  person  aggrieved.     [R.  G.  1899,  §  557.] 

§  683.  Penalty  for  failure  of  officer  to  perform  duty.] 
Any  public  officer  upon  whom  any  duty  is  imposed  by  this 
chapter  who  shall  willfully  do  or  perform  any  act  or  thin-* 
herein  prohibited  or  who  willfully  neglects  or  omits  to  per- 
form any  duty  imposed  upon  him  by  the  provisions  of  this 
chapter  is  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  is  punisifiable  by  forfeiture  of  his  office  and  by  im- 
prisonment in  the  county  jail  for  not  less  than  one  month 
nor  more  than  six  months  or  by  a  fine  of  not  less  than  fifty 
nor  more  than  five  hundred  dollars,  or  both.  [1891,  ch.  66, 
§  33;  R.  G.  1899,  §  558.] 

§  684.  Electioneering  prohibited.  Secret  ballot.]  No 
electioneering  shall  be  done  on  election  day  by  any  officer 
of  election  nor  by  any  person  within  the  polling  place  or 
any  building  in  which  an  election  is  being  held  or  within 
fifty  feet  thereof,  nor  obstruct  the  doors  or  entrance  there- 
to, or  prevent  free  ingress  to  or  egress  from  said  building. 
And  the  inspector  and  judges  of  election  shall,  if  they  deem 
it  necessary,  appoint  an  election  officer;  such  election  offi- 
cer, or  the  sheriff,  constable,  or  other  peace  officer  is  au- 
thorized and  it  is  his  duty  to  clear  the  passageway  and  pre- 
vent such  obstruction  and  to  arrest  any  person  creating 
such  obstruction.  No  person  shall  remove  any  ballot  from 
the  polling  place  before  the  closing  of  the  polls.  No  person 
shall  show  his  ballot,  after  it  is  marked,  to  any  person  in 


STATE  OF  NORTH  DAKOTA 165 

such  a  way  as  to  reveal  the  contents  thereof  or  the  name  of 
any  person  for  whom  he  has  marked  his  vote  nor  shall  any 
person  solicit  the  elector  to  show  the  same;  nor  shall  any 
person  except  a  judge  of  election  receive  from  any  elector 
a  ballot  prepared  for  voting.  No  elector  shall  receive  a 
ballot  from  any  other  person  than  the  inspector  or  one  of 
the  judges  of  election  having  charge  of  the  ballots  nor  shall 
any  person  other  than  such  inspector  or  judges  of  election 
deliver  a  ballot  to  such  elector.  No  elector  shall  vote  or 
offer  to  vote  any  ballot  except  such  as  he  has  received  from 
the  inspector  or  a  judge  of  election  having  charge  of  the 
ballots.  No  elector  shall  place  any  mark  upon  his  ballot  by 
which  it  may  afterwards  be  identified  as  the  one  voted  by 
him.  Any  elector  who  does  not  vote  a  ballot  delivered  to 
him  by  the  judges  of  election  having  charge  of  the  ballots 
shall,  before  leaving  the  polling  place,  return  such  ballot  to 
such  judges.  Whoever  violates  any  of  the  provisions  of 
this  section  is  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  is  punishable  by  a  fine  not  exceeding  one  hun- 
dred dollars  and  shall  be  adjudged  to  pay  the  costs  of  pro- 
secution.   [1891,  ch.  66,  §  34;  R.  C.  1899,  §559.] 

§  685.  Penalty  for  violation  of  election  laws.]  If 
any  inspector,  judge  or  clerk  of  election,  county  auditor  or 
other  person  in  any  manner  concerned  in  conducting  an 
election  shall  corruptljr  violate  any  of  the  provisions  of  this 
chapter  he  shall  forfeit  and  pay  to  the  county  a  sum  not 
less  than  fifty  nor  more  than  five  hundred  dollars  to  be  re- 
covered in  a  civil  action  in  the  name  of  the  proper  county. 
[R.  G.  1895,  §  560.] 

§  686.  No  CIVIL  PROCESS  SERVED  ON  ELECTION  DAY.]  During 
the  day  on  which  any  general  or  special  election  shall  be 
held  in  this  state  or  in  any  district,  county,  city,  village  or 
precinct  therein,  no  civil  process  shall  be  served  on  any 
person  entitled  to  vote  at  such  election.     [R.  C.  1899,  §  561.*] 

§  687.  Compensation  of  election  officers.]  There 
shall  be  allowed  to  the  several  inspectors,  judges  and  clerks 
of  election  of  each  county  the  sum  of  twenty-five  cents  for 
each  hour  they  serve  as  such  election  officers  ,to  be  paid  out 
of  the  county  treasury  on  the  warrant  of  the  county  audi- 
tor; provided,  however,  that  in  no  case  shall  an  inspector, 
judge  or  clerk  of  election  be  paid  for  such  services  a  sum 
exceeding  four  dollars.     [1909,  ch.  93.] 

Article  13. — Contesting  Elections. 

§  688.  Notice  of  contest,  how  served.]  Any  person 
son  claiming  the  right  to  hold  an  office,  or  any  elector  of 


166 


ELECTION  LAWS 


the  proper  county  desiring  to  contest  the  validity  of  an  elec- 
tion or  the  right  of  any  person  declared  duly  elected  to  any 
office  in  such  county,  shall  give  notice  thereof  in  writing  to 
the  person  whose  election  he  intends  to  contest  within 
twenty  days  after  the  canvass  of  the  votes  of  such  election, 
which  notice  shall  be  served  in  the  same  manner  as  a  sum- 
mons in  a  civil  action.  But  if  the  person  whose  election  is 
contested  cannot  be  found  and  shall  have  ceased  to  have 
residence  in  such  county  or  state,  then  the  notice  shall  be 
served  by  leaving  the  same  at  the  house  where  such  per- 
son last  resided,  and  if  no  service  as  above  provided  can  be 
rnade,  or  if  no  such  residence  can  be  found  in  the  state  the 
district  court  or  judge  thereof  may  expressly  direct  the 
manner  of  such  service,  which  notice  of  contest  shall  be  in 
writing  and  shall  set  forth  the  facts  and  grounds  upon 
which  the  contestant  relies  in  his  contest,  and  shall  h^ 
verified  as  a  pleading  in  a  civil  action.  [1885,  ch.  54,  S  1: 
R.  G.  1899,  §  563.] 

(Title  to  county  office  may  be  tried  by  statutory  mode 
or  by  proceedings  in  the  nature  of  quo  warranto.  State 
V.  Callahan,  4  N.  D.  481,  61  N.  W.  1025. 

("Canvass"  defined.  Time  within  which  notice  must 
be  served  commences  to  run  from  date  candidate  is  de- 
clared "duly  elected."  Bowler  v.  Eisenhood,  1  S.  D. 
577,  48  N.  W.  136. 

(What  notice  must  contain.  Batterton  v.  Fuller,  6 
S.  D.  257,  60  N.  W.  1071. 

("Was  duly  elected"  sufficiently  states  legal  qualifi- 
cations. McMahon  v.  Polk,  10  S.  D.  296,  73  N.  W.  77; 
Church  V.  Walker,  10  S.  D.  90,  72  N.  W.  101. 

(Not  necessary  to  allege  qualifications,  issue  being 
who  received  largest  number  of  votes.  Church  v. 
Walker,  10  S.  D.  450,  74  N.  W.  198.) 

§  689.  Answer  to  notice  of  contest.]  Any  person,  up- 
on whom  the  notice  mentioned  in  the  preceding  section  is 
served,  shall  within  ten  days  after  such  service  answer  such 
notice,  admitting  or  denying  the  facts  alleged  therein,  and 
he  shall  state  any  other  grounds  upon  which  he  rests  the 
validity  of  his  election,  and  shall  serve  a  copy  of  such  an- 
swer upon  the  contestant  and  all  allegations  set  forth  in  the 
notice  and  not  denied  in  the  answer  shall  be  taken  as  ad- 
rnitted.  Such  answers  shall  be  served  as  a  pleading  in  a 
civil  action,  and  when  contestant  appears  by  attorney  the 
service  thereof  may  be  made  upon  the  attorney.  [1885,  ch. 
54,  §  2;  R.  C.  1895,  §  564.] 

§  690.  Contest  may  be  brought  by  whom.]  Such  con- 
test may  be  brought  by  a  person  claiming  such  office  on  his 


I 

I 


STATE  OF  NORTH  DAKOTA 167 

own  motion,  in  his  own  name  as  plaintiff,  but  such  contest 
cannot  be  brought  by  any  other  person  unless  the  notice  of 
contest  is  indorsed  with  the  approval  of  the  state's  attorney 
of  the  county,  or  in  case  of  his  absence  or  refusal  to  ap- 
prove it,  with  the  approval  of  the  judge  of  the  district  court. 
[1885,  ch.  54,  §  3;  R.  G.  1895,  §  565.] 

§  691.  Trial  of  cnotest.]  The  judge  of  the  district  court, 
in  case  no  term  of  such  court  occurs  in  such  county  within 
twenty  days  after  the  service  of  the  answer  in  such  contest, 
may  appoint  a  term  of  such  court  therein;  but  if  a  term  of 
court  occurs  in  such  county  before  that  time,  then  the  con- 
test shall  be  tried  at  such  term,  unless  otherwise  ordered 
by  the  court.  The  district  court  or  the  judge  thereof  may, 
upon  ten  days'  notice  by  either  party  try  such  contest  at 
chambers  at  any  place  fixed  by  the  court;  or  he  may  on  such 
application  or  on  his  own  motion,  if  the  pleadings  involve 
a  question  of  fact,  order  such  issues  to  be  tried  before  a 
jury,  or  refer  the  same  as  provided  in  this  chapter,  and 
postpone  the  trial  thereof  until  it  can  be  had  in  such  county, 
regard  being  had  to  the  speediest  possible  trial.  If  the  is- 
sues are  ordered  to  be  tried  by  a  jury  the  question  to  be 
tried  must  be  distinctly  stated  in  the  order  of  trial,  and  the 
place  of  such  trial  must  be  designated  in  such  order.  [1885, 
ch.  54,  §  4;  R.  C.  1899,  §  566.] 

(Jurisdiction  of  court  continues  until  contest  tried  or 
dismissed.  Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W. 
1018.) 

§  692.  Testimony  and  procedure  in  contests.]  All  tes- 
timony and  depositions  taken  in  contests  brought  under  the 
provisions  of  this  article  shall  be  taken  in  the  same  manner 
as  in  civil  actions,  and  depositions  may  be  taken  in  more 
than  one  place  at  the  same  time  on  leave  of  the  court,  and 
all  matters  relating  to  such  contests  shall  be  heard  and  tried 
as  nearly  as  may  be  as  civil  actions  are  tried,  except  as 
otherwise  provided  in  this  article;  and  the  costs  shall  be 
taxed  in  the  same  manner  as  in  civil  actions,  and  the  court 
shall  have  power  to  order  amendments  to  the  notice  and 
answer  and  to  all  other  proceedings  as  provided  in  the  cod'i 
of  civil  procedure,  and  he  shall  have  power  to  make  all  or- 
ders and  enter  final  judgment  in  such  contests  the  same  as 
in  civil  actions.    [1885,  ch,  54,  §  5;  R.  C.  1895,  §  567.] 

§  693.  Contests  of  elections  for  removal  of  county 
seat,  ETC.]  In  any  county  where  there  is  a  vote  for  the 
election  or  for  the  removing  of  changing  of  the  county  seat 
of  such  county,  or  changing  the  county  lines  thereof,  any 
elector  of  such  county  on  leave  of  the  district  court  may 


168  ELECTION  LAWS 


contest  the  validity  of  such  election  as  to  the  right  of  the 
place  declared  and  selected  as  the  county  seat,  or  as  to  any 
county  line  declared  to  be  established  or  changed  by  a  vote. 
Such  elector  shall  give  notice  in  writing  of  such  contest  to 
the  county  commissioners  or  a  majority  of  them,  of  the 
county  in  which  such  vote  was  taken,  by  serving  a  notice  as 
provided  in  section  688,  within  thirty  days  after  the  result 
of  such  vote  is  canvassed.  Such  notice  shall  specify  the 
grounds  of  such  contest,  and  shall  be  filed  with  the  clerk  of 
the  district  court  within  ten  days  after  the  service  thereof 
upon  the  county  commissioners  as  aforesaid,  and  such  con- 
test shall  be  tried  and  determined  by  the  district  court  or 
by  a  jury  as  provided  for  in  this  article  for  the  contest  of 
county  officers.  The  county  commissioners  of  such  county 
shall  appear  and  defend  such  contests,  but  in  case  they  fail 
to  appear  and  defend  the  same,  any  elector  of  such  county 
may  at  any  time  before  such  trial,  on  leave  of  the  court,  ap- 
pear and  defend  the  same,  and  all  testimony  and  deposi- 
tions shall  be  taken  in  the  same  manner  as  in  civil  actions. 
[1885,  ch.  54.  §  6;  R.  C.  1895,  §  568.] 

(Mandamus  held  proper  remedy  to  determine  coun- 
ty seat  contest.  State  v.  Langlie,  5  N.  D.  594,  67  N.  W. 
958. 

(Can  be  tested  only  in  direct  proceedings.  Reming- 
ton V.  Higgins  6  S.  D.  313,  60  N.  W.  73.) 

§  694.  Contests  may  be  tried  by  referee.]  All  contests 
brought  under  the  provisions  of  this  article  may  be  re- 
ferred by  the  court  or  judge  thereof  to  a  referee  as  pro- 
vided in  the  code  of  civil  procedure,  and  when  the  parties 
to  such  contest  do  not  consent  to  a  reference  the  court  or  a 
judge  thereof  may  in  his  discretion  order  such  reference. 
[1885,  ch.  54,  §  7;  R.  C.  1899,  §  569.] 

§  695.  Surety  for  costs  must  be  furnished.]  Any  per- 
son bringing  a  contest  under  the  provisions  of  this  article 
must  before  bringing  the  same  furnish  good  and  sufficient 
surety  for  costs  as  provided  in  the  code  of  civil  procedure, 
and  the  obligation  of  such  surety  shall  be  complete  by  sim- 
ply indorsing  the  notice  of  contest  as  surety  for  costs. 
[1885,  ch.  54,  §  8;  R.  C.  1899,  §  570.] 

§  696.  Appeals  in  contest  cases.]  Appeals  from  final 
judgment  or  decisions  in  such  contests  may  be  taken  with- 
out making  a  motion  for  a  new  trial  in  the  district  court  in 
the  manner  provided  for  in  the  code  of  civil  procedure,  ex- 
cept that  the  undertaking  on  apeal  shall  be  in  the  sum  to  be 
fixed  by  the  judge,  not  less  than  five  hundred  dollars,  and 
shall  be  approved  by  the  judge  or  by  the  clerk  of  the  dis- 


STATE  OF  NORTH  DAKOTA 169 

trict  court  of  the  proper  county  or  subdivision  under  the 
direction  of  the  judge.     [1885,  ch.  54,  §  9;  R.  G.  1895,  §  571.] 

(Appeal  does  not  lie  from  order  vacating  default 
judgment.    Jensen  v.  Petty,  14  S.  D.  434,  85  N.  W.  923.) 

§  697.  Appeals  to  the  supreme  court.]  Appeals  to  the 
supreme  court  under  the  provisions  of  this  article  must  be 
taken  within  sixty  days  after  notice  of  the  entry  of  final 
judgment,  and  the  party  appealing  much  immediately  pro- 
cure the  transmission  of  the  record  on  such  appeal  to  the 
clerk  of  the  supreme  court,  and  such  appeal  may  be  brought 
on  for  hearing  before  the  supreme  court  at  any  time  such 
court  shall  be  in  session  upon  ten  days'  notice  from  either 
party  and  the  same  shall  be  heard  and  determined  in  a 
summary  manner.  Such  notice  of  hearing  may  be  served 
during  the  term  or  in  vacation.  [1885,  ch.  54,  §  10;  R.  C. 
1899,  §  572.] 

(Appeal  does  not  suspend  right  of  successful  party 
to  perform  the  duties  of  his  office.  Fylpaa  v.  Brown 
Co.,  6  S.  D.  634,  62  N.  W.  962. 

(Appeal  dismissed  unless  taken  within  sixty  days 
from  entry  of  final  judgment.  Murray  v.  Whitmore, 
9  S.  D.  288,  68  N.  W.  745.) 

§  698.  Construction  of  this  article.]  This  article  shall 
\iiot  be  construed  to  affect  any  of  the  remedies  or  rights  of 
action  or  proceedings  provided  for  in  the  code  of  civil  pro- 
cedure.    [1885,  ch.  54,  §  11;  R.  C.  1899,  §  573.] 

(May  be  tried  by  either  statutory  or  civil  action. 
State  ev  rel  Butler  v.  Callahan,  4  N.  D.  481,  61  N.  W. 
1025. 

(Right  may  be  tried  by  mandamus.  Smith  v.  Law- 
rence, 2  S.  D.  185,  49  N.  W.  7;  State  v.  Langlie,  5  N.  D. 
594,  67  N.  W.  958.) 

§  699.  Provision  of  code  of  civil  procedure  applicable, 
[when.]  Except  as  otherwise  provided  in  this  article,  the 
(provisions  of  the  code  of  civil  procedure  are  applicable  to 
[and  constitute  the  rules  of  practice  in  the  proceedings  men- 
itioned  in  this  article.     [1885,  ch.  54,  §  12;  R.  C.  1899,  §  574.] 

§  700.  Provisions  of  code  of  civil  procedure  applicable 
^As  TO  appeals.]  The  provisions  of  the  code  of  civil  proce- 
|dure  relative  to  appeals  in  civil  actions,  except  in  so  far  as 
^they  are  inconsistent  herewith,  apply  to  the  proceedings 
^mentioned  in  this  article.  [1885,  ch.  54,  §  13;  R.  C.  1895,  ^ 
^575.]  ■'^'  "  ^ 


170  ELECTION  LAWS 


Article  14. — Contest  of  Election  of  Presidential  Electors. 

§  701.  Court  for  trial.  Contests  of  presidential  elec- 
tors.] The  board  for  the  trial  of  contests  of  elections  for 
presidential  electors  shall  consist  of  the  chief  justice  of  the 
supreme  court,  who  shall  be  president  of  the  board,  and 
two  judges  of  the  district  court,  to  be  designated  by  the 
governor.  If  the  chief  justice  shall  for  any  cause  be  unable 
to  attend  at  such  trial,  the  next  senior  judge  on  the  supreme 
bench  shall  preside  in  place  of  the  chief  justice.  The  secre- 
tary of  state  shall  be  the  clerk  of  the  board,  or  in  his  ab- 
sence or  inability  to  act  the  clerk  of  the  supreme  court  shall 
be  the  clerk.  Each  member  of  the  court  before  entering 
upon  the  discharge  of  his  duties  shall  take  an  oath  before 
the  secretary  of  state  or  some  officer  qualified  to  administer 
oaths,  that  without  fear,  favor,  affection  or  hope  of  reward 
he  will,  to  the  best  of  his  knowledge  and  ability,  administer 
justice  according  to  law  and  the  facts  of  the  case.  [1892, 
Sp.;  R.  C.  1895,  §  576.] 

§  702.  Contestant  may  apply  to  court.]  Any  person 
who  by  the  proclamation  of  the  governor  as  hereinbefore 
provided,  appears  to  have  received  not  less  than  one-fifth 
of  the  votes  cast  at  an  election  for  electors  of  president  and 
vice  president  of  the  United  States  may  apply  to  the  board 
provided  for  in  the  preceding  section  for  a  declaration  of 
his  election  as  elector.     [1892,  Sp.;  R.  C.  1895,  §  577.] 

§  703.  Application  to  state  grounds  of  contest.]  Such 
application  shall  be  made  by  petition  in  writing  to  be  filed 
in  the  office  of  the  secretary  of  state  within  ten  days  from 
the  date  of  the  proclamation  provided  for  in  section  670, 
who  shall  forwith  convene  the  board.  The  petition  shall  set 
forth  the  names  of  the  persons  whose  election  is  contested, 
and  the  ground  for  such  contest.  The  petitioner  shall  be- 
fore any  proceedings  are  had  upon  the  petition,  except  the 
convening  of  the  board,  file  a  bond  to  the  state  in  such  sum 
and  with  such  surety  as  the  court  shall  order,  conditioned 
for  the  payment  of  all  costs  incurred  in  the  prosecution  of 
such  contest  in  case  he  shall  not  prevail.  [1892,  Sp.;  R.  C. 
1895,  §  578.] 

§  704.  Notice  to  party  contested,  how  given.]  Upon 
the  filing  of  such  petition  and  the  giving  of  such  bond  the 
board  shall  order  notice  of  the  petition  to  be  given,  in  such 
manner  as  it  may  direct,  to  the  governor  and  to  the  person 
whose  election  is  contested,  which  notice  shall  be  published 
in  such  newspaper  as  the  board  shall  order.  Such  notice 
shall  contain  a  concise  statement  of  the  facts  alleged  in  the 
petition  and  shall  designate  the  time  and  place  fixed  by  the 


STATE  OF  NORTH  DAKOTA 171 

board  for  the  hearing  of  the  same,  which  time  shall  not  be 
less  than  three  nor  more  than  fifteen  days  from  the  filing 
of  the  petition.     [1892,  Sp.;  R.  C.  1895,  §  579.] 

§  705.  Appearance  by  parties  to  contest.]  At  the  time 
fixed  for  the  hearing  the  petitioner  shall  appear  and  produce 
his  evidence  and  the  person  whose  election  is  contested  may 
appear  and  produce  evidence  in  his  behalf.  Either  party 
may  appear  in  person  or  by  attorney,  and  no  other  person 
shall  be  entitled  to  be  madQ  a  party  to  such  proceedings  or 
to  be  heard  personally  or  by  counsel  therein;  provided,  that 
if  more  than  one  petition  is  pending  or  more  than  one  elec- 
tion is  contested  the  board  may  order  the  contests  to  be 
heard  together  in  its  discretion.  [1892,  Sp.;  R.  C.  1895,  j^ 
580.] 

§  706.  Hearing,  how  conducted.]  The  board  shall 
thereupon  hear  the  contest  and  decide  all  questions  of  law 
and  fact  involved.  The  burden  of  proof  in  each  case  shall 
be  upon  the  petitioner  and  the  hearing  shall  be  confined  to 
the  grounds  stated  in  the  petition,  but  the  board  may  in  its 
discretion  allow  the  petition  to  be  amended.  No  ex  parte 
affidavits  shall  be  competent  evidence  at  such  hearing.  No 
person  shall  be  excused  from  testifying  or  from  producing 
papers  or  documents  at  such  hearing  on  the  ground  that 
such  testimony  will  tend  to  criminate  himself;  but  no  per- 
son so  testifying  shall  be  liable  to  any  suit  or  prosecution, 
civil  or  criminal,  for  any  matters  or  causes  in  respect  to 
which  he  shall  be  so  examined  or  to  which  his  testimony 
shall  so  relate.  The  board  shall  have  the  same  power  to 
compel  the  attendance  of  witnesses,  as  the  district  courts 
of  this  state  possess,  and  nothing  in  this  article  contained 
shall  be  held  to  limit  the  power  of  the  board  to  make  such 
regulations  as  to  the  conduct  of  the  proceedings  as  it  may 
deem  proper,  not  inconsistent  with  the  provisions  of  this 
article,  and  the  board  shall  have  all  powers  necessary  to 
the  complete  carrying  out  and  performance  of  the  author- 
ity conferred  upon  it  by  this  article.  [1892,  Sp.;  R.  C.  1895, 
§  581.] 

§  707.  Determination  of  board,  how  certified.]  The 
board  shall  determine  in  each  case  which  of  the  parties  to 
the  proceedings  is  entitled  to  the  office  of  elector,  and  shall 
cause  such  determination  to  be  entered  of  record  in  such 
manner  and  form  as  it  shall  direct,  and  shall  forthwith  cer- 
tify the  same  to  the  governor  and  secretary  of  state,  and 
such  determination  so  certified  shall  be  final  and  conclu- 
sive that  the  person  therein  stated  to  have  been  elected  is 
duly  elected,  and  the  governor  shall  forthwith  transmit  to 
such  person  a  certificate  of  his  election,  and  every  such  cer- 


172  ELECTION  LAWS 


tificate  shall  recite  that  it  is  issued  pursuant  to  a  determin- 
ation under  this  article,  referring  to  this  article.  The  court 
shall  so  arrange  and  conduct  the  trial  of  such  contest  that  a 
final  determination  thereof  shall  be  rendered  at  least  six 
days  prior  to  the  second  Monday  in  January  next  follow- 
ing.    [1892,  Sp.;  R.  G.  1895,  §  582.] 

§  708.  Failure  of  petitioner  to  appear,  effect  of.]  K 
any  petitioner  shall  fail  to  appear  and  prosecute  his  petition 
against  any  person  who  has  been  made  a  respondent  there- 
to, according  to  the  requirements  of  this  article  and  of  such 
rules  as  the  board  shal  make,  the  board  shall  determine 
that  he  has  so  failed,  and  shall  cause  such  determination  to 
be  entered  of  record  in  such  manner  and  form  as  it  shall  di- 
rect, and  shall  forthwith  certify  such  determination  to  the 
governor  and  secretary  of  state;  and  the  same  shall  be  a 
linal  and  conclusive  bar  to  the  claim  of  the  petitioner 
against  such  respondent  as  fully  and  completely  as  if  such 
claim  had  been  heard  and  determined  on  its  merits,  and 
the  governor  shall  issue  such  certificate  as  provided  in  the 
preceding  section.     [1892,  Sp.;  R.  C.  1895,  §  583.] 

§  709.  Costs,  taxation  of.]  The  costs  of  all  proceed- 
ings under  this  article  shall  be  taxed  under  the  direction  of 
the  board,  and  if  two  or  more  cases  are  heard  together  the 
costs  shall  be  apportioned  as  the  board  shall  direct,  and  in 
each  case  in  which  the  petitioner  shall  not  finally  prevail 
the  costs  shall  be  paid  by  him,  and  in  each  case  in  which 
the  petitioner  shall  finally  prevail  the  costs  shall  be  borne 
by  the  state,  in  which  case  the  board  shall  certify  the  costs 
to  the  state  auditor,  who  shall  issue  his  warrant  upon  the 
state  treasurer  in  payment  of  the  same.  [1892,  Sp.;  R.  C. 
1895,  §  584] 

§  710.  Final  hearing,  how  determined.]  The  final 
hearing  and  determination  under  this  article  shall  be  by  a 
majority  of  the  board,  but  any  single  member  may  exercise 
any  other  of  the  powers  given  to  the  board  by  this  article. 
[1892,  Sp.;  R.  G.  1899,  §  585.] 

§  711.  Mileage  and  per  diem  of  members  of  board.]  The 
members  shall  be  entitled  to  receive  for  their  travel  and 
attendance  the  sum  of  six  dollars  per  day  and  ten  cents  per 
mile  for  each  mile  necessarily  traveled  ,to  be  paid  from  the 
state  treasury  upon  the  warrant  of  the  state  auditor.  [1892, 
Sp.;R.G.  1899,  §586.] 

Article  15. — Gontest  of  Legislative  Elections. 

§  712.  Notice  of  contest  in  legislative  elections.] 
When  any  person  intends  to  contest  the  election  of  a  mem- 


I 


STATE  OF  NORTH  DAKOTA 173 

ber  of  the  legislative  assembly,  he  may,  within  ten  days 
after  the  result  of  such  election  shall  have  been  determined 
by  the  board  of  canvassers,  give  notice  in  writing  to  the 
member  whose  seat  he  desires  to  contest  of  his  intention  to 
contest  the  same,  and  in  such  notice  shall  specify  particu- 
larly the  grounds  upon  which  he  relies  in  the  contest.  •  [R. 
G.  1895,  §  587.] 

§  713.  Answer  to  notice.]  Any  member  elect,  upon 
whom  the  notice  mentioned  in  the  proceeding  section  may 
be  served,  shall  within  ten  days  after  the  service  thereof  an- 
swer such  notice  admitting  or  denying  the  facts  alleged 
therein  and  stating  specihcally  any  other  grounds  upon 
which  he  rests  the  validity  of  his  election  and  shall  serve  a 
copy  of  his  answer  upon  the  contestant  or  his  attorney.  All 
allegations  contained  in  the  notice  and  not  denied  in  the 
answer  shall  be  taken  as  admitted.     [R.  G.  1895,  §  588.] 

§  714.  Testimony  taken,  when.]  In  all  such  contests 
the  contestant  may  begin  taking  testimony  as  soon  as  the 
notice  of  contest  is  served  and  the  person  whose  election  is 
contested  may  commence  taking  testimony  as  soon  as  his 
answer  is  served,  and  both  parties  may  continue  to  take 
testimony  for  ten  days  after  the  time  for  serving  the  an- 
swer has  expired,  after  which  time  the  contestant  may  take 
testimony  in  rebuttal  only  for  five  days.     [R.  G.  1895,  §  589.1 

§  715.  Notice  to  take  depositions  same  as  in  code  civil 
procedure.]  Depositions  taken  under  the  provisions  of  this 
article  may  be  taken  in  the  manner  and  upon  the  notice 
prescribed  in  the  code  of  civil  procedure  for  taking  deposi- 
tions in  civil  actions.     [R.  G.  1895,  §  590.] 

§  716.    Testimony  taken  at  only  two  places  at  a  time.] 
Testimony  taken  under  the  provisions  of  this  chapter  shall 
not  be  taken  at  more  than  two  places  at  the  same  time  by 
dther  party,  except  by  order  of  the  court  or  the  judge  there- 
of.    [R.  G.  1895,  §  591.] 

§  717.     Subpoena  to  compel  attendance  of  witnesses.] 

hen  either  party  to  such  contest  desires  to  take  testimony 

[therein,  he  may  apply  to  any  notary  public  or  justice  of  the 

►eace  in  the  county  where  the  testimony  is  to  be  taken  for 

subpoena  to  compel  the  attendance  of  witnesses,  and  the 

officer  to  whom  such  application  is  made  shall  thereupon 

Issue  his  subpoena  directed  to  such  witnesses  as  shall  be 

lamed  to  him,  requiring  their  attendance  before  him  at 

rsuch  time  and  place  as  may  be  named  in  the  subpoena  to 

^give  testimony  relating  to  such  contest.     [R.  G.  1899,  §  592.] 

718.    Depositions  taken  without  notice  on   stipula- 
ton.]     It  shall  be  competent  for  the  parties  to  such  con- 


174  ELECTION  LAWS 


test  by  consent  in  writing  to  take  depositions  without  notice. 
Such  written  consent  shall  be  returned  with  the  depositions. 
[R.  C.  1895,  §  593.] 

§  719.  Subpoena  served,  how.]  Witnesses  may  be  sub- 
poenaed in  the  manner  provided  in  the  code  of  civil  pro- 
cedure.    [R.  C.  1895,  §  594.] 

§  720.  Attendance  compelled  only  in  county.]  No  wit- 
ness shall  be  required  to  attend  an  examination  out  of  the 
county  in  which  he  resides  or  is  served  with  a  subpoena. 
[R.  G.  1899,  §  595.] 

§  721.  Failure  to  attend  and  testify.  Penalty.]  Any 
person  who,  having  been  summoned  in  the  manner  above 
prescribed,  refuses  or  neglects  to  attend  and  testify  in  obe- 
dience to  such  subpoena,  unless  prevented  by  sickness  or  un- 
avoidable necessity,  shall  forfeit  the  sum  of  twenty  dollars 
to  be  recovered  with  costs  of  suit  in  a  civil  action  in  the 
name  and  for  the  use  of  the  party  at  whose  instance  the 
subpoena  was  issued,  and  such  person  is  also  guilty  of  a  mis- 
demeanor.    [R.  C.  1895,  §  596.] 

§  722.  Depositions  of  nonresident  witnesses  may  be 
TAKEN.]  Depositions  of  witnesses  residing  outside  of  the 
district  and  beyond  the  reach  of  a  subpoena  may  be  taken 
before  any  officer  authorized  to  take  testimony  in  a  civil 
action.     [R.  C.  1899  §  597.] 

§  723.  Examination  of  witnesses.]  All  witnesses,  who 
attend  in  obedience  to  a  subpoena  or  who  attend  voluntarily 
at  the  time  ana  place  appointed,  of  whose  examination  notice 
has  been  given  as  provided  in  this  article,  shall  then  and 
there  be  examined  on  oath  by  the  officer  who  issued  the  sub- 
poena, or  in  case  of  his  absence,  by  any  other  officer  author- 
ized to  issue  such  subpoena  or  by  the  officer  before  whom 
the  depositions  are  to  be  taken  by  written  consent,  as  the 
case  may  be,  touching  all  such  matters  respecting  the  elec- 
tion being  contested  as  shall  be  proposed  by  either  of  the 
parties  or  attorneys.     [R.  G.  1899,  §  598.] 

§  724.  Testimony  MUST  BE  confined  TO  ISSUE.]  The  testi- 
money  to  be  taken  by  either  party  to  such  contest  shall  be 
confined  to  the  issues  raised  by  the  notice  of  contest  and 
answer  thereto.     [R.  G.  1895,  §  599.] 

§  725.  Testimony  must  be  reduced  in  writing.]  The  of- 
ficer shall  cause  the  testimony  of  the  witnesses  to  be  re- 
duced to  writing  in  his  presence  and  in  the  presence  of  the 
parties  or  their  attorneys,  if  in  attendance,  and  each  witness 
shall  sign  his  name  at  the  end  of  his  testimony.  [R.  G. 
1895,  §  600.] 


i 


I 

I 


STATE  OF  NORTH  DAKOTA 175 

§  726.  Production  of  papers  may  be  required.]  The  of- 
ficer before  whom  any  deposition  is  taken  shall  have  power 
to  require  the  production  of  papers,  and,  on  the  refusal  or 
neglect  of  any  person  to  produce  and  deliver  up  any  papers 
in  his  possession  pertaining  to  such  election,  or  to  produce 
certified  or  sworn  copies  of  the  same  in  case  they  are  official 
papers,  such  person  shall  be  liable  to  all  the  penalties  pre- 
scribed in  section  721.  All  papers  thus  produced  and  all 
certified  or  sworn  copies  of  official  papers  shall  be  trans- 
mitted by  the  officer,  with  the  testimony  of  the  witnesses,  to 
the  secretary  of  state  for  the  use  of  the  legislative  assembly. 
[R.  C.  1899,  §  601.] 

§  727.  Adjournments.]  The  taking  of  the  testimony 
may,  if  so  stated  in  the  notice,  be  adjourned  from  day  to 
day.     [R.  G.  1899,  §  602.] 

§  728.  Papers  to  be  attached  to  deposition.]  The 
notice  to  take  depositions  with  the  proof  or  admission  of 
service  thereof  and  a  copy  of  the  subpoena,  where  any  has 
been  served,  shall  be  attached  to  the  deposition  when  com- 
pleted together  with  a  copy  of  the  notice  of  contest  and  an- 
swer, which  shall  be  annexed  to  the  deposition  taken  and 
transmitted  with  them  to  the  secretary  of  state.  [R.  C. 
1899,  §  603.] 

§  729.  Testimony  to  be  forwarded  to  the  secretary  of 
STATE.]  All  officers  taking  testimony  to  be  used  in  a  con- 
tested election  case  shall,  when  the  taking  of  the  same  is  com- 
pleted, immediately  certify  to  the  same  as  required  by  law  in 
other  cases,  and  inclose  the  same  in  a  sealed  envelope  and 
after  indorsing  on  such  envelope  the  title  of  the  contents 
forward  the  same  by  mail  to  the  secretary  of  state;  and  the 
secretary  of  state  is  authorized  to  open  the  same  at  the  in- 
stance of  either  party  or  his  attorney.     [R.  C.  1895,  §  604.] 

§  730.  Fees  of  officers  and  witnesses.]  Each  witness 
attending  in  obedience  to  a  subpoena  as  herein  provided, 
and  all  officers  employed  in  taking  testimony  in  such  con- 
tested election  cases  or  serving  any  subpoena  or  notice  here- 
in authorized  shall  be  entitled  to  receive,  from  the  party  at 
whose  instance  the  service  or  attendance  shall  have  been 
performed,  such  fees  as  are  allowed  for  similar  services  in 
civil  actions  in  courts  of  record  in  this  state.  [R.  C.  1895,  § 
605.] 

§  731.  No  legislative  expense.]  No  payment  shall  be 
made  by  the  legislative  assembly  out  of  its  contingent  fund 
or  otherwise  to  either  party  to  such  contest  for  expenses 
incurred  in  prosecuting  or  defending  the  same.  [R.  C. 
1899,  §  606.] 


176  ELECTION  LAWS 


Article  16.^ — Registration  of  Voters. 

§  732.  Registration  of  voters.  When  board  shall 
meet.]  The  persons  authorized  by  law  or  appointed  pur- 
suant to  any  village  or  city  ordinance  to  act  as  judges  of 
election  in  any  village,  city,  ward  or  other  election  precinct  in 
this  state  shall,  together  with  the  inspector  of  election  for 
such  precinct,  constitute  a  board  of  registry  for  their  re- 
spective precincts,  and  they  shall  meet  on  Tuesday,  two 
weeks  preceding  any  general  election,  or  annual  city  elec- 
tion, at  nine  o'clock  a.  m.,  and  make  a  list,  as  hereinafter 
prescribed,  of  all  persons  qualified  to  vote  at  the  ensuing 
election  in  such  election  precinct,  which  list  when  completed 
shall  constitute  and  be  known  as  the  register  of  electors  of 
such  precinct.  [1881,  ch.  122,  §  1;  1899,  ch.  133;  R.  G.  1890, 
§607.] 

§  733.  Registers,  what  to  contain.]  Such  registers 
shall  each  contain  a  list  of  the  qualified  electors  of  such 
precinct,  alphabetically  arranged  according  to  their  respec- 
tive surnames,  so  as  to  show  in  one  column  the  name  at 
full  length,  and  in  another  column  the  residence  by  the 
number  of  the  dwelling,  if  there  is  a  number,  and  the  name 
of  the  street  or  other  location  of  the  dwelling  place  of  each 
elector.  It  shall  be  the  duty  of  such  board  to  enter  in  such 
lists  the  names  of  all  persons  residing  in  its  election  pre- 
cinct whose  names  appear  on  the  poll  list  made  in  such 
precinct  at  the  last  preceding  election,  the  number  of  the 
dwelling  and  name  of  the  street  or  other  location  if  the 
same  is  known  to  or  can  be  ascertained  by  such  board,  and 
for  this  purpose  the  board  is  authorized  to  take  from  th-j 
office  in  which  it  is  filed  the  poll  list  made  and  filed  by  the 
judges  or  inspector  of  such  precincts  at  the  election  held 
next  prior  to  the  making  of  such  register.  In  making  sue!) 
register  the  board  shall  enter  therein  in  addition  to  the 
names  on  the  poll  list,  the  names  of  all, other  persons  who 
are  known  to  them  to  be  qualified  electors  in  such  precinct, 
or  shall  be  proved  to  be  qualified  electors  by  the  oath  of 
the  person  applying  to  be  registered,  or  by  the  oath  of  son^^ 
elector  whose  name  has  been  already  placed  upon  the  poll 
list;  and  the  names  of  all  persons  on  the  poll  list  who  have 
died  or  removed  from  the  precinct  shall  be  omitted  from 
the  register.  It  shall  also  be  the  duty  of 'said  board  to  enter 
in  such  register,  alphabetically  in  separate  columns  as  pro- 
vided herein,  the  names  of  all  women  entitled  to  vote  foi 
candidates  for  school  offices  and  on  questions  pertaining 
solely  to  school  matters  in  all  cities  of  three  thousand  in- 
habitants or  over.  Such  board  shall  complete  as  far  a:> 
practicable  such  register  on  the  day  of  their  meeting  afore  - 


STATE  OF  NORTH  DAKOTA 177 

said,  and  shall  make  two  copies  thereof  and  certify  the 
register  and  each  of  the  copies  to  be  a  true  list  of  the  voters 
in  its  precinct  so  far  as  the  same  are  known,  within  ten 
days  thereafter;  such  original  list,  together  with  the  list 
taken  from  the  office  aforesaid,  shall  be  filed  with  the  board 
and  shall  be  kept  by  one  of  the  judges  or  by  the  inspector 
and  carefuly  preserved  for  its  use  on  the  day  hereinafter 
mentioned  for  the  revision  and  correction  of  the  same. 
One  copy  of  such  list  shall  immediately  after  its  comple- 
tion be  posted  in  some  public  and  conspicuous  place  at  or 
near  the  place  where  tWe  last  preceding  election  in  such 
precinct  was  held,  and  be  accessible  to  any  elector  who 
may  desire  to  examine  tlie  same  or  make  copies  thereof. 
Any  person  who  shall  tear  down,  deface  or  destroy  any 
list  so  posted,  is  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars  or  by 
imprisonment  in  the  jail  not  exceeding  five  years,  or  by 
such  fine  and  imprisonment.     [1911,  chap.  127.] 

§  734.  Registry  list  in  new  precinct.]  In  case  any 
election  precinct  shall  be  formed  by  the  organization  of  a 
new  precinct  or  by  division  of  any  village,  ward  or  pre- 
cinct, or  the  incorporation  of  a  city  or  village,  the  judges 
or  the  inspector  of  elections  in  the  new  precinct  thus  form- 
ed, may  make  a  registry  of  electors  on  the  day  prescribed 
by  this  article  in  such  manner  as  a  majority  of  them  may 
direct,  and  for  this  purpose  they  may  make  a  list  or  cause 
to  be  made  a  certified  copy  of  the  poll  list  or  lists  of  the 
precinct  or  precincts  in  which  such  new  precinct  was  situ- 
ated, or  they  may  dispense  with  such  list  and  proceed  to 
make  a  register  of  electors  from  the  best  means  at  their 
command.  Such  lists  shall  only  embrace  the  names  of 
such  persons  as  are  known  to  them  to  be  electors  in  their 
precinct  or  proved  to  be  such  by  the  oath  of  an  elector 
whose  name  has  already  been  entered  upon  such  register, 
or  by  the  oath  of  the  applicant;  and  such  list  shall  be  pre- 
served and  a  copy  posted  up  as  prescribed  in  the  preceding 
section  and  shall  be  revised  and  corrected  in  the  same 
manner  as  other  lists  are  corrected.  [1881,  ch.  122,  §  3;  R. 
C.  1895,  §  609.— 

I§  735.  Board  of  registration^  second  meeting.]  Sucli 
boards  shall  again  meet  on  Tuesday  of  the  week  preceding 
such  election  in  their  respective  election  precincts  at  the 
place  designated  for  holding  the  polls  for  the  purpose  of 
revising,  correcting  and  completing  such  lists,  and  for  this 
purpose  they  shall  meet  at  8  o'clock  a.  m.,  and  remain  in 
session  until  eight  o'clock  p.  m.  [1881,  ch.  122,  S  4;  R.  G. 
1899,  §  610.] 


178  ELECTION  LAWS 


§  736.  Proceedings  of  board  to  be  public]  The  pro- 
ceedings of  such  board  shall  be  open,  and  all  persons  re- 
siding and  entitled  to  vote  in  such  precincts  shall  be  entit- 
led to  be  heard  by  such  board  in  relation  to  corrections  or 
additions  to  such  register,  and  the  judges  or  the  inspector 
are  empowered  to  administer  oaths  for  this  purpose.  One 
of  the  lists  so  kept  by  the  judges  or  inspector  as  aforesaid 
shall  be  used  by  them  on  the  day  of  making  corrections  or 
additions  for  the  purpose  of  completing  the  registry  ol' 
such  precinct.     [1881,  ch.  122,  §  6;  R.  C.  1899,  §  611.] 

§  737.  Registry  list  to  be  revised.]  It  shall  be  the  duty 
of  such  board  at  its  meeting  for  revising  and  corecting  such 
lists  to  erase  therefrom  the  name  of  any  person  inserted 
therein  who  shall  be  proved  by  the  oath  of  two  legal  voters 
of  such  precinct  to  the  satisfaction  of  such  board  to  be  non- 
residents of  such  precinct  or  otherwise  not  entitled  to  vote 
therein  at  the  election  then  next  to  be  held.  Any  elector 
residing  in  such  precinct  and  entitled  to  vote  therein  may 
appear  before  such  board  and  require  his  name  to  be  re- 
corded in  such  list.  Any  person  requiring  his  name  to  be  re- 
corded shall  make  the  same  statement  as  to  street  and 
number  thereof  and  where  he  resides  which  is  required  by 
the  provisions  of  this  article  of  persons  offering  their  votes 
at  the  polls,  and  shall  be  subject  to  the  same  penalties  for 
refusing  to  give  such  information  or  for  falsely  giving  the 
same,  and  shall  also  be  subject  to  challenge  either  by  the 
judges  or  the  inspector  or  by  any  elector  whose  name  ap- 
pears on  such  list,  and  the  same  oath  may  be  administered 
by  the  judges  or  inspector  or  other  duly  authorized  person 
as  is  provided  in  case  of  persons  offering  to  vote  at  an  elec- 
tion; and  in  case  no  challenge  is  made  to  any  person  re- 
quiring his  name  to  be  registered  or  in  case  of  challenge, 
if  such  person  makes  oath  as  aforesaid,  then  the  name  of 
any  such  person  shall  be  added  to  such  list.  [1881,  ch.  122, 
§  7;  R.  G.  1899,  §  612.] 

§  738.  Receiving  vote  from  person  not  on  registry 
LIST.]  After  such  lists  shall  have  been  fully  completed 
such  board  shall  within  two  days  cause  two  copies  of  the 
same  to  be  made,  each  of  which  shall  be  certified  by  it  to 
be  a  correct  list  of  the  qualified  electors  of  the  precinct  so 
far  as  known,  which  list  the  judges  or  inspector  shall  care- 
fully keep  and  preserve  for  use  on  election  day;  and  at  the 
opening  of  the  polls  the  judges  or  inspector  shall  designate 
two  of  their  number  to  check  the  name  of  each  voter  vot- 
ing in  such  precinct  whose  name  is  on  the  register.  No 
vote  shall  be  received  at  any  election  in  this  state  if  the 
name  of  the  person  offering  such  vote  is  not  on  the  register, 


STATE  OF  NORTH  DAKOTA 179 

unless  such  person  shall  furnish  to  the  judges  of  election 
his  affidavit,  stating  therein  that  he  is  a  resident  of  such 
precinct,  giving  his  place  of  residence  and  length  of  time 
he  has  resided  there,  and  also  prove  by  the  oath  of  a  house- 
holder and  registered  voter  of  the  precinct  that  he  knows 
such  person  to  be  a  resident  therein,  giving  his  place  of 
residence.  Such  oath  may  be  administered  by  the  inspec- 
tor or  one  of  the  judges  of  election,  or  any  other  person 
authorized  to  administer  oaths,  but  no  person  shall  receive 
any  compensation  for  administering  such  oath.  Such  oath 
shall  be  preserved  and  filed  by  the  judges  of  election.  Any 
person  may  be  challenged  and  the  same  oath  required  as 
is  now  or  hereafter  may  be  prescribed  by  law.  Provided, 
that  nothing  herein  contained  shall  be  construed  as  ren- 
dering void  the  vote  of  any  duly  qualified  elector  whose 
vot^  has  been  received  contrary  to  the  provisions  of  this 
section;  but  the  person  claiming  the  benefit  of  such  vote  in 
any  action  or  judicial  proceeding  shall  have  the  burden  of 
establishing  the  fact  that  such  vote  was  cast  by  a  duly 
qualified  elector.     [1911,  chap.  128.] 

§  739.  Duty  of  clerks  of  election.]  The  clerks  of 
election  in  each  precinct  shall  enter  on  the  poll  list  kept 
by  them  in  columns  prepared  for  that  purpose,  opposite 
the  name  of  each  person  voting,  the  same  statement  or 
minute  heretofore  required  of  the  board  in  making  the 
registry;  but  such  entry  shall  not  be  made  by  them  if  the 
register  correctly  contains  the  name  and  residence  of  such 
voter;  and  in  all  cases  such  clerk  shall  enter  in  a  column 
opposite  the  name  of  each  person  not  registered  the  words 
"not  registered."  And  the  clerks  in  case  the  name  of  such 
voter  is  not  registered  shall  enter  in  the  appropriate  col- 
umns of  the  poll  list  the  name  and  residence  as  in  other 
cases.  Any  person  making  a  false  statement  as  to  his  resi- 
dence or  dwelling  place  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a  fine 
of  not  less  than  two  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  imprisonment  in  the  penitentiary  not 
exceeding  two  years,  at  the  discretion  of  the  court.  [1881, 
ch.  122,  §  9;  R.  C.  1895,  §  614.] 

§  740.  Register  must  be  filed.]  Within  three  days 
after  the  canvass  of  the  votes  the  register  so  kept  and 
checked  as  aforesaid  shall  be  filed  with  the  county  auditor 
of  the  county  in  which  such  precinct  is  situated,  and  shall 
be  retained  and  carefully  preserved  therein  as  a  public 
record.     [1881,  ch.  122,  §  10;  R.  G.  1899,  §  615.] 

§  741.  Registers  to  remain  public  record.]  Such  regis- 
ters shall  at  all  times  be  open  to  public  inspection  without 
charge.     [1881,  ch.  122,  §  11;  R.  G.  1895,  §  616.] 


180  ELECTION  LAWS 


§  742.  Compensation  of  members  of  board  of  registry.] 
The  members  of  the  board  of  registry  shall  receive  the  same 
compensation  as  is  now  or  ma}^  hereafter  be  allowed  by 
law,  not  to  exceed  two  dollars  per  day.  [1881,  ch.  122,  s. 
12;  R.  C.  1899,  §  617.] 

§  743.  Board  has  power  to  preserve  order.]  The  mem- 
bers of  such  board  shall  have  and  execise  the  same  powers 
in  preserving  order  at  their  meetings  under  this  article  as 
are  given  to  judges  of  election  for  preserving  order  on 
election  day,  and  vacancies  may  be  filled  in  such  board  in 
the  same  manner  as  vacancies  of  judges  are  now  filled  at 
elections.     [1881,  ch.  122,  §  13;  R.  G.  1899,  §  618.] 

§  744.  Penalty  for  registering  in  more  than  one  pri<- 
ciNCT.]  Any  person  who  shall  cause  his  name  to  be  regis- 
tered in  more  than  one  election  precinct,  or  who  shall  caus  i 
his  name  to  be  registered  knowing  that  he  is  not  a  qualified 
voter  in  the  precinct  where  such  registry  is  made,  or  who 
shall  falsely  personate  any  registered  voter,  and  any  per- 
son aiding  or  abetting  any  person  in  any  manner  in  either 
of  such  acts,  shall  be  punished  for  each  and  every  offense 
by  imprisonment  in  the  penitentiary  for  not  less  than  two 
nor  more  than  five  years.  If  any  member  or  officer  of  such 
board  shall  willfully  violate  any  of  the  provisions  of  this 
article,  or  be  guilty  of  any  fraud  in  the  execution  of  the 
duties  of  his  office,  he  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  a  period  not  exceeding  two  j^ears. 
[1881,  ch.  122,  §  14;  R.  C.  1899,  §  619.] 

§  745.  County  auditor  to  provide  blank  registers  and 
BLANKS.]  The  county  auditors  shall  provide  the  board  of 
registry  of  the  several  precincts  within  their  respective 
counties  with  the  necessary  blank  registers  and  blanks  at 
the  expense  of  their  respective  counties.  ri887,  ch.  48,  §  1 ; 
R.  C.  1899,  §  620.] 

§  746.  What  cities  governed  by  this  article.]  All 
cities  and  villages  containing  eight  hundred  or  more  in- 
habitants shall  be  subject  to  the  provisions  of  this  article. 
To  determine  the  number  of  inhabitants  the  number  of 
votes  cast  at  the  last  preceding  general  election  shall  be 
multiplied  by  five.     [1899,  ch.  133;  R.  C.  1899,  §  621.] 

MUNICIPAL  ELECTIONS 

§  2742.  Time  and  place  of  election.]  There  shall  be  an 
annual  election  for  elective  officers  herein  provided,  held 
on  the  first  Monday  in  April  of  each  year,  at  such  place  or 
places  in  each  ward  as  the  council  shall  designate;  excej^t 


STATE  OF  NORTH  DAKOTA       181 

in  cities  where  aldermen  are  elected  at  large,  the  council 
shall  designate  one  polling  place  only.  The  polls  shall  be 
kept  open  continually  from  eight  o'clock  in  the  forenoon 
until  live  o'clock  in  the  afternoon,  and  no  longer,  and  ten 
days'  previous  notice  shall  be  given  by  the  council  of  the 
time  and  place  of  holding  such  election,  by  publication  in 
at  least  two  of  the  city  papers  published  in  said  €ity,  if  twj 
shall  be  published  therein.  [1897,  ch.  40,  §  4;  R.  C.  1899,  § 
2251;  1905,  ch.  62,  §  109.] 

§  2743.  Election  districts  and  precincts.]  Each  city 
in  which  aldermen  are  elected  at  large,  shall  constitute  an 
Election  district,  and  in  all  other  cities  each  ward  shall  con- 
stitute an  Election  district;  but  whenever  the  number  of 
legal  voters  in  any  ward  shall  exceed  three  hundred,  the 
council  may  by  ordinance  divide  such  ward  into  two  ov 
more  precincts  for  voting  purposes,  and  whenever  the  num- 
ber of  legal  voters  in  any  two  or  more  contiguous  wards 
shall  not  exceed  one  hundred  as  determined  by  the  last  an- 
nual  election,  the  council  may,  by  ordinance,  consolidate, 
such  two  or  more  wards  into  one  precinct  for  voting  pur- 
poses; or  if  the  council  so  elects,  in  any  city  of  less  than 
four  hundred  voters  as  determined  by  the  last  annual  elec- 
tion, the  council  may  by  ordinance  consolidate  all  the 
wards  of  such  city  into  one  precinct  for  voting  purposes: 
provided,  however,  that  in  city  elections  separate  ballot 
l30xes  and  poll  books  shall  be  provided  and  kept  for  eacli 
ward;  provided,  that  such  ordinance  shall  be  passed  and 
take  effect  before  the  time  of  giving  notice  of  an  election; 
and  such  wards  and  precincts  shall  constitute  election  dis- 
tricts for  all  state,  county,  city  and  school  election.  [1911, 
chap.  65.] 

§  2744.  .Qualified  voters.  Registration.]  Every  legal 
voter  of  the  county  in  which  such  city  is  situated,  who  shall 
have  been  a  resident  of  the  city  ninety  days  next  preceding 
a  city  election  is  declared  a  citizen  of  said  city,  and  shall  be 
entitled  to  vote  at  all  city  elections;  provided,  that  the  city 
council  shall  provide  for  the  registration  of  all  voters  a^ 
required  by  the  laws  of  the  state  in  all  cities  of  more  than 
four  hundred  voters  as  determined  by  the  last  anual  elec- 
tion, and  in  cities  of  four  hundred  voters  or  less,  the  city 
council  may  provide  for  the  registration  of  all  voters  in  ac- 
cordance with  the  laws  of  the  state  at  one  polling  place, 
and  separate  registration  lists  shall  be  provided  and  kept 
for  each  ward,  and  no  person  shall  be  entitled  to  vote  in 

I  any  other  place  than  the  ward  or  precinct  where  he  re- 
sides, except  where  otherwise  provided  bv  law.  [1911, 
bhap.  66.]         .  . 

i 


182  ELECTION  LAWS 


§  2745.  Effect  of  election.]  This  chapter  shall  in  no 
case  effect  the  term  of  office  of  any  officer  heretofore  elect- 
ed or  appointed  in  any  city,  but  all  such  officers  shall  hold 
their  offices  during  the  term  for  which  they  were  originally 
elected  or  appointed.  [1887,  ch.  73,  art.  13,  §  4;  R.  C.  1899, 
§  2254;  1905,  ch.  62,  §  112.] 

§  2746.  Oath  and  duties  of  judges  and  clerks  of  elec- 
tion.] The  manner  of  conducting  and  voting  at  elections 
to  be  held  under  fhis  chapter,  and  contesting  the  same,  the 
keeping  of  poll  lists,  and  canvassing  the  votes,  shall  be  the 
same,  as  nearly  as  may  be,  as  in  the  case  of  the  election  of 
county  officers  under  the  general  laws  of  this  state.  The 
judges  of  election  shall  appoint  clerks  when  necessary  to 
fill  vacancies,  and  the  judges  and  clerks  shall  take  the  same 
oath  and  have  the  same  powers  and  authority  as  the  judges 
and  clerks  of  general  state  elections.  After  the  closing  of 
the  polls  the  ballots  shall  be  counted,  and  the  returns  made 
out,  and  returned  under  seal  to  the  city  auditor,  within  two 
days  after  the  election,  and  thereupon  the  city  council  shall 
examine  and  canvass  the  same,  and  declare  the  result  of 
the  election  and  cause  a  statement  thereof  to  be  entered  on 
its  journal.  [1887,  ch.  73,  art.  13,  §  5;  R.  C.  1899,  §  2255; 
1905,  ch.  62,  §  113.] 

§  2747.  What  elects.  Tie,  how  decided.]  The  person 
having  the  highest  number  of  votes  for  any  office  shall  be 
declared  elected.  In  case  of  a  tie  in  the  election  of  any 
city  officer,  it  shall  be  determined  by  lot,  in  the  presence  of 
the  city  council,  in  such  manner  as  it  shall  direct,  which 
candidate  or  candidates  shall  hold  office.  ;1887,  ch.  73,  art. 
13,  §  7;  R.  C.  1899,  §  2256;  1905,  ch.  62,  §  114.] 

§  2748.  City  auditor  to  notify  officers  elected  or  ap- 
pointed.] It  shall  be  the  duty  of  the  city  auditor,  within 
live  days  after  the  result  of  the  election  is  declared  or  ap- 
pointment made  to  notify  all  persons  elected  or  appointed 
to  office  of  their  election  or  appointment,  and  unless  such 
persons  shall  respectively  qualify  witliin  ten  days  after 
such  notice,  the  office  shall  become  vacant.  [1887,  ch.  73, 
art.  13,  §  8;  R.  C.  1899,  §  2257;  1905,  ch.  62,  §  115.] 

§  2749.  New  election  on  failure  to  qualify.]  If  there 
is  a  failure  to  elect  an  officer  herein  required  to  be  elected, 
or  the  person  elected  should  fail  to  qualify,  or  for  any  other 
cause  that  may  arise,  the  city  council  may  forthwith  order 
a  new  election,  therefor,  and  in  all  cases,  when  necessary 
for  the  purposes  of  this  chapter,  may  call  special  elections, 
canvass  the  returns  thereof,  and  provide  by  ordinance  for 
the  mode  of  conducting  the  same;  and  shall  give  notice  of 


STATE  OF  NORTH  DAKOTA 183 

such  special  elections,  in  which  shall  be  stated  the  ques- 
tions to  be  voted  upon,  and  cause  such  notices  to  be  pub- 
lished for  the  same  length  of  time,  and  in  the  same  manner 
as  is  required  in  the  case  of  regular  annual  elections  in 
such  city,  unless  herein  otherwise  provided.  [1887,  ch.  73, 
art.  13,  §  9;  R.  C.  1899,  §  2258;  1905,  ch.  62,  §  116.] 

§  2750.  When  term  of  office  commences.]  The  term 
of  each  officer  elected  under  this  chapter  shall  commence 
on  the  third  Tuesday  of  April  of  the  year  for  which  he  was 
elected.  [1887,  ch.  73,  art.  13,  §  10;  R.  G.  1899;  §  2259;  1905, 
ch.  62,  §  117.] 

§  2751.  When  office  deemed  vacant.]  Any  officer  re- 
moving from  the  city  or  ward  for  which  he  is  elected,  or 
any  officer  who  shall  refuse  or  neglect  for  ten  days  after 
notice  of  his  election  or  appointment  to  enter  upon  the  dis- 
charge of  the  duties  of  his  office,  shall  be  deemed  to  have 
vacated  his  offiice  and  the  city  council  shall  proceed  to  fill 
the  vacancy  as  herein  prescribed.  [1887,  ch.  73,  art.  13,  § 
11;  R.  C.  1899,  §  2260;  1905,  ch.  62,  §  118.] 

§  14.  Elections  biennial.]  Biennial  municipal  elections 
in  all  cities  shall  be  held  on  the  first  Tuesday  in  April  at 
such  place  or  places  as  the  board  of  city  commissioners 
shall  designate.  The  polls  of  such  election  shall  be  opened 
at  eight  o'clock  a.  m.  and  closed  at  five  o'clock  p.  m.  Ten 
days'  previous  notice  of  the  time  and  place  of  such  election 
and  of  the  officers  to  be  elected  shall  be  given  by  the  city 
auditor  by  publication  in  the  official  city  paper  and  by 
posting  written  or  printed  notices  in  three  public  places  in 
the  city;  but  the  failure  to  give  such  notice  shall  not  invali- 
date such  election.  In  all  other  respects  such  election  shall 
be  conducted  as  prescribed  by  general  election  laws,  ex- 
cept that  no  registration  of  voters  shall  be  required  unless 
provided  for  by  ordinance.     [1907,  chap.  45.] 

§  1.  Recall.]  The  holder  of  any  elective  office  in  cities 
which  may  adopt  or  have  adopted  the  commission  plan  of 
government  as  provided  in  chapter  45  of  the  laws  of  1907, 
may  be  removed  at  any  time  by  the  electors  qualified  to 
vote  for  a  successor  or  such  incumbent,  the  procedure  to 
effect  the  removal  of  an  incumbent  of  an  elective  office 
shall  be  as  follows:  A  petition  signed  by  electors  entitled 
to  vote  for  a  successor  to  the  incumbent  sought  to  be  re- 
moved, equal  in  number  to  at  least  twenty-five  per  centum 
of  the  entire  vote  for  all  candidates  for  the  offiice  of  Presi- 
dent cast  at  the  last  preceding  general  municipal  election, 
demanding  an  election  of  a  successor  of  the  person  sought 
to  be  removed,  shall  be  filed  with  city  auditor,  which  peti- 


184  ELECTION  LAWS 


tion  shall  contain  a  general  statement  of  the  grounds  for 
which  the  removal  is  sought.  The  signatures  to  the  petition 
need  not  all  be  appended  to  one  paper,  but  each  signer 
shall  add  to  his  signature  his  place  of  residence,  giving  the 
street  and  number.  One  of  the  signers  of  each  such  papf?f 
shall  make  oath  before  an  officer  competent  to  administer 
oaths  that  the  statements  therein  made  are  true  as  he  be- 
lieves, and  that  each  signature  to  the  paper  appended  is 
the  genuine  signature  of  the  person  whose  name  it  pur- 
ports to  be.  Within  ten  days  from  the  date  of  filing  such 
petition  the  city  auditor  shall  examine,  and  from  the  voters' 
register  ascertain  whefher  or  not  said  petition  is  signed  by 
the  requisite  number  of  qualified  electors,  and,  if  neces- 
sary, the  board  of  city  commissioners  shall  allow  extra 
help  for  that  purpose,  and  he  shall  attach  to  said  petition 
his  certificate,  showing  the  result  of  said  examination.  If 
by  the  auditor's  certificate  the  petition  is  shown  to  be  in- 
sufficient it  may  be  amended  within  ten  days  from  the  date 
of  said  certificate.  The  auditor  shall,  within  ten  days  after 
such  amendment,  make  like  examination  of  the  amended 
petition,  and  if  his  certificate  shall  show  the  same  to  be  in- 
sufficient, it  shall  be  returned  to  the  person  filing  the  same; 
without  prejudice,  however,  to  the  filing  of  a  new  petition 
of  the  same  effect.  If  the  petition  shall  be  deemed  to  bo 
sufficient,  the  auditor  shall  submit  the  same  to  the  board 
of  city  commissioners  without  delay.  If  the  petition  shall 
be  found  to  be  sufficient,  the  board  of  city  commissioners 
shall  order  and  fix  a  date  for  holding  the  said  election,  not 
less  than  thirty  days  nor  more  than  forty  da^^s  from  the 
date  of  the  auditor's  certificate  to  the  board  of  city  com- 
missioners, that  a  sufficient  petition  is  filed.  The  board  of 
city  commissioners  shall  make  or  cause  to  be  made  publi- 
cation of  notice  and  all  arrangements  for  holding  such  elec- 
tion, and  the  same  shall  be  conducted,  returned,  and  the 
result  thereof  declared,  in  all  respects  as  are  otlier  city  elec- 
tions. The  successor  of  any  officer  so  removed  shall  hold 
offiice  during  the  unexpired  term  of  his  predecessor.  Any 
person  sought  to  be  removed  may  be  a  candidate  to  suc- 
ceed himself,  and  unless  he  requests  otherwise  in  writing, 
the  clerk  shall  place  his  name  on  the  official  ballot  without 
nomination.  In  any  such  removal  election,  the  candidate 
receiving  the  highest  number  of  votes  shall  be  declared 
elected.  At  such  election  if  some  other  person  than  the  in- 
cumbent receives  the  highest  number  of  votes,  the  incum- 
bent shall  thereupon  be  djeemed  removed  from  the  office 
upon  qualification  of  his  successor.  In  case  the  party  who 
receives  the  highest  number  of  votes  should  fail  to  qualify 
within  ten  days  after  receiving  notification  of  election,  the 


STATE  OF  NORTH  DAKOTA 185 

office  shall  be  deemed  vacant.  If  the  incumbent  receives 
the  highest  number  of  votes,  he  shall  continue  in  office,  the 
same  method  of  removal  shall  be  cumulative  and  aditional 
to  the  methods  heretofore  provided  by  law.     [1911,  chap. 

§  14.  Elections  biennial.]  Biennial  Municipal  elections 
in  all  cities  shall  be  held  on  the  first  Tuesday  in  April  at 
such  place  or  places  as  the  board  of  city  commissioners 
shall  designate.  The  polls  of  such  election  shall  be  opened 
at  eight  o'clock  A.  M.  and  closed  at  five  o'clock  P.  M.  Ten 
days'  previous  notice  of  the  time  and  place  of  such  elec- 
tion and  of  the  officers  to  be  elected  shall  be  given  by  the 
city  auditor  by  publication  in  the  official  city  paper  and  by 
posting  written  or  printed  notices  in  three  public  places  in 
the  city;  but  the  failure  to  give  such  notice  shall  not  invali- 
date such  election.  In  all  other  respects  such  elections  shall 
be  conducted  as  prescribed  by  general  election  laws,  and 
for  all  general  and  special  elections  held  under  the  provis- 
ions of  this  act  in  the  city,  for  the  city  officers  and  for  other 
purposes,  the  Board  of  City  Commissioners  shall,  at  least 
ten  days  before  any  election  is  held,  appoint  in  each  pre- 
cinct established  in  the  city,  one  inspector  and  two  judges 
of  election.     [1911,  chap.  77.] 

§  15.  Commissioners.  How  elected.]  The  president  of 
the  board  of  city  commissioners  and  four  city  commission- 
ers shall  be  elected  by  the  legal  and  qualified  voters  in  the 
city,  in  the  following  manner:  The  president  of  the  board 
of  city  commissioners  and  the  four  city  commissioners  shall 
be  elected  at  large  and  not  by  wards.  Each  voter  shall  be 
allowed  to  cast  but  one  vote  for  the  candidate  for  the  office 
of  president  of  the  board  of  city  commissioners.  Each 
voter  shall  be  allowed  as  many  votes  for  the  candidates  of 
Ihe  office  of  city  commissioners  as  there  are  commissioners 
to  be  elected,  such  votes  to  be  distributed  among  the  candi- 
dates as  the  voter  shall  see  fit,  but  no  voter  shall  be  allowed 
to  cast  more  votes  than  candidates  to  be  elected.  [1911, 
chap.  77.] 

§  34.  Vacancies.  Elections  to  fill.]  Special  elections 
to  fill  vacancies  or  for  any  other  purpose  shall  be  held  and 
conducted  by  the  inspectors  and  judges  of  election  of  the 
several  precincts  in  the  same  manner  and  the  returns  there- 
of shall  be  made  in  the  same  form  and  manner  as  of  the 
general  municipal  elections,  and  within  such  time  as  ii 
prescribed  by  law.     [1911,  chap.  77.] 

§  38.  Removal  from  office.]  Every  person  elected  to 
any  office  may  be  removed  therefrom  by  a  majority  vote  of 


186  ELECTION  LAWS 


all  the  members  of  the  board  of  city  commissioners,  (  but 
no  such  officer  shall  be  removed  except  for  cause  nor  unless 
charges  are  preferred  against  him  and  an  opportunity  given 
him  to  be  heard  in  his  defense.  The  board  of  city  commis- 
sioners may  compel  the  attendance  of  witnesses  and  the 
production  of  papers  when  necessary  for  the  purpose  of 
such  hearing,  and  shall  proceed  within  ten  days  after  the 
charges  are  filed  with  the  city  auditor  to  hear  and  deter- 
mine the  case  upon  its  merits.  The  president  of  the  board 
of  city  commissioners  may  suspend  any  officer  against 
whom  charges  have  been  preferred  until  the  disposition  of 
the  same  and  appoint  any  officer  to  fill  the  vacancy  tem- 
porarily until  the  charges  have  been  disposed  of.  Any  of- 
ficer appointed  by  the  president  of  the  board  of  city  com- 
missioners without  confirmation  under  the  provisions  of 
this  chapter  may  be  removed  by  him  when  he  deems  it  for 
the  best  interest  of  the  city.    [1911,  chap.  77.] 

§  1.  No  PARTY  BALLOT.]  In  all  petitions  to  be  filed  by  or 
in  behalf  of  candidates  for  nomination  to  a  public  office  in 
any  incorporated  city,  town  or  village  in  this  state,  no  ref- 
erence shall  be  made  to  a  party  ballot  or  to  the  party  affilia- 
tion of  such  candiates;  provided,  however,  it  shall  be  allowed 
any  such  candidate  to  state,  or  have  stated,  in  all  such  peti- 
tions, after  his  name,  in  not  more  than  twenty  words,  any 
particular  principle,  or  principles  of  local  administrative 
policy  or  policies  he  stands  for  and  seeks  election  to  pro- 
mote.    [1913,  chap.  73.] 

§  2.  Nominations  how  made.]  A  candidate  for  any 
public  office  in  an  incorporated  city,  town  or  village,  may 
be  nominated  by  filing  with  the  city  auditor,  at  least  twenty 
days  prior  to  the  holding  of  the  election,  a  petition  signed 
by  not  less  than  ten  per  cent  of  the  qualified  electors  resid- 
ing within  the  ward  or  precinct  in  and  for  which  such  of- 
ficer or  officers  are  to  be  elected:  provided,  however,  that 
in  cities  operating  under  the  commission  plan  the  re- 
quired petition  may  be  signed  by  the  electors  at  large  re- 
siding within  such  city  and  provided  further,  that  in  no 
case  shall  more  than  three  hundred  signatures  be  required 
and  such  signatures  may  be  on  separate  sheets  of  paper. 
No  elector  shall  sign  more  than  one  petition  for  the  same 
office.  Each  signer  of  such  petition  shall  add  to  his  name 
his  post  office  address,  giving  the  street  and  number  of  his 
residence.  It  shall  be  the  duty  of  the  auditor  or  clerk  of 
such  city,  town  or  village,  as  the  case  may  be,  to  place  only 
the  names  of  the  person  or  persons  so  nominated  upon  the 
ballot,  with  the  statement  after  or  opposite  the  name  of  the 
candidate,  of  the  principle  or  principles  which  he  seeks  to 


STATE  OF  NORTH  DAKOTA 187 

promote,  in  not  more  than  twenty  words  and  as  stated  m 
the  petition  or  petitions  filed  by  or  on  behalf  of  such  can- 
didate, and  in  such  manner  as  to  readily  inform  the  voter 
of  the  policy  or  policies  upon  which  such  candidate  seeks 
election;  and  to  arrange  the  offices  upon  the  ballot  in  the 
order  in  which  they  are  named  in  the  statutes.  The  ar- 
rangements of  tlie  names  of  the  candidates  upon  the  ballot 
shall  be  determined  by  the  lot  by  such  auditor  or  clerk  in 
the  presence  of  the  candiates  or  their  representatives  at 
noon  on  the  day  following  the  last  day  for  the  filing  of 
nomination  papers.     [1913,  chap.  73.] 

§  1.  Recall.]  The  holder  of  any  elective  office  in  cities, 
which  may  adopt  or  have  adopted  the  commission  plan  of 
government  under  any  of  the  laws  of  this  state  applicable 
thereto,  may  be  removed  at  any  time  by  the  electors  quali- 
fied to  vote  for  a  successor  of  such  incumbent.  The  pro- 
cedure to  effect  the  removal  of  an  incumbent  of  an  elec- 
tive office  shall  be  as  follows:  A  petition  signed  by  elec- 
tors entitled  to  vote  for  a  successor  to  the  incumbent  sought 
to  be  removed,  equal  in  number  to  at  least  thirty  per  cen- 
tum of  the  entire  vote  for  all  candidates  for  the  office  of 
president  of  the  city  commission  cast  at  the  last  preceding 
general  municipal  election,  demanding  an  election  of  a 
successor  of  the  person  sought  to  be  removed  shall  be  filed 
with  the  city  auditor,  which  petition  shall  contain  a  general 
statement  of  the  grounds  for  which  the  removal  is  sought. 
The  signatures  to  the  petition  need  not  all  be  appended  to 
one  paper,  but  each  signer  shall  add  to  his  signature  his 
place  of  residence,  giving  the  street  and  number.  One  of 
the  signers  of  each  such  paper  shall  make  oath  before  an 
officer  competent  to  administer  oaths  that  the  statements 
therein  made  are  true  as  he  believes,  and  that  each  signa- 
ture to  the  paper  appended  is  the  genuine  signature  of  the 
person  whose  name  it  purports  to  be.  Within  ten  days 
from  the  date  of  filing  such  petition  the  city  auditor  shall 
examine,  and  from  the  voter's  register  ascertain  whether 
or  not  said  petition  is  signed  by  the  requisite  number  of 
qualified  electors,  and,  if  necessary,  the  board  of  city  com- 
missioners shall  allow  extra  help  for  that  purpose,  and  he 
shall  attach  to  said  petition  his  certificate  showing  the  re- 
sult of  said  examination.  If  by  the  auditor's  certificate  the 
petition  is  shown  to  be  insufficient  it  may  be  amended  with- 
in ten  days  from  the  date  of  said  certificate.  The  auditor 
shall,  within  ten  days  after  such  amendment,  make  like 
examination  of  the  amended  petition,  and  if  his  certificate 
shall  show  the  same  to  be  insufficient  it  shall  be  returned  to 
the  person  filing  the  same;  without  prejudice,  however,  to 
the  filing  of  a  new  petition  of  the  same  effect.    If  the  peti- 


1 


188  ELECTION  LAWS 


lion  shall  be  deemed  to  be  sufficient,  the  auditor  shall  sub- 
mit the  same  to  the  board  of  city  commissioners  without 
delay.  If  the  petition  shall  be  found  to  be  sufficient,  the 
board  of  city  commissioners  shall  order  and  fix  a  date  for 
holding  the  said  election,  not  less  than  thirty  days  nor  more 
than  forty  days  from  the  date  of  the  auditor's  certificate  to 
the  board  of  city  commissioners,  that  a  sufficient  petition 
is  filed.  The  board  of  city  commissioners  shall  make  or 
cause  to  be  made  publication  of  notice  and  all  arrange- 
ments for  holding  such  election,  and  the  same  shall  be  con- 
ducted, returned,  and  the  result  thereof  declared  in  all  re- 
spects as  are  other  city  elections.  The  successor  of  any 
officer  so  removed  shall  hold  office  during  the  unexpired 
term  of  his  predecessor.  Any  person  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself,  and  unless  he  re- 
quests otherwise  in  writing,  the  clerk  shall  place  his  name 
on  the  official  ballot,  without  nomination.  In  any  such  re- 
moval election,  the  candidate  receiving  the  highest  number 
of  votes  shall  be  declared  elected.  At  such  election  if  some 
other  person  than  the  incumbent  receives  the  highest  num- 
ber of  votes,  the  incumbent  shall  thereupon  be  deemed  re- 
moved from  the  office  upon  qualification  of  his  successor. 
In  case  the  party  who  receives  the  highest  number  of  votes 
should  fail  to  qualify  within  ten  days  after  receiving  noti- 
fication of  election,  the  office  shall  be  deemed  vacant.  If 
the  incumbent  receives  the  highest  number  of  votes,  he 
shall  continue  in  office.  This  said  method  of  removal  shall 
be  cumulative  and  additional  to  the  methods  heretoforci 
provided  by  law.    [1913,  chap.  79.] 

§  2.  Initiative.]  Any  proposed  ordinance  may  be  sub- 
mitted to  the  board  of  city  commissioners  of  the  city  equal 
in  number  to  the  percentage  hereinafter  required.  The 
signatures,  verification,  authentication,  inspection  certifica- 
tion, amendment  and  submission  of  such  petition  shall  be 
the  same  as  provided  for  petitions  under  Section  one  (1) 
hereof.  If  the  petition  accompanying  the  proposed  ordi- 
nance be  signed  by  electors  equal  in  number  to  fifteen  per 
centum  of  the  votes  cast  for  all  candidates  for  president  of 
the  city  commission  at  the  last  preceding  general  municip  li 
election  and  contains  a  request  that  the  said  ordinance  be 
submitted  to  a  vote  of  the  people  if  not  passed  by  the  board 
of  city  commissioners,  such  board  of  -city  commissioners 
shall  either 

(a)  Pass  said  ordinance,  without  alteration,  within 
twenty  days  after  attachment  of  the  auditor's  certificate  to 
the  accompanying  petition,  or 

(b)  Forthwith,  after  the  auditor  shall  attach  to  the  peti- 
tion accompanying  such  ordinance  his  certificate  of  suffi- 


I 


STATE  OF  NORTH  DAKOTA 189 

ciency,  the  board  of  city  commissioners  shall  call  a  special 
election,  unless  a  general  municipal  election  is  fixed  withi'i 
ninety  days  thereafter,  and  at  such  special  or  general  muni- 
cipal election,  if  one  is  so  fixed,  such  ordinance  shall  be 
submitted  without  alteration  to  the  vote  of  the  electors  of 
said  city.  But  if  the  petition  is  signed  by  not  less  than 
twenty-live  per  centum  of  the  electors  as  above  defined, 
then  the  board  of  city  commissioners  shall  within  twenty 
days,  pass  said  ordinance  without  change,  or  submit  the 
same  at  the  next  general  city  election  occurring  not  more 
than  thirty  days  after  the  auditor's  certificate  of  sufficiency 
is  attached  to  said  petition.  The  ballots  used  when  voting 
upon  said  ordinance  shall  contain  these  words:  "For  the 
ordinance,"  (stating  the  nature  of  the  proposed  ordinance) 
and  "Against  the  ordinance"  (stating  the  nature  of  the 
proposed  ordinance.)  If  a  majority  of  the  qualified  elec- 
tors voting  on  the  proposed  ordinance  shall  vote  in  favor 
thereof,  such  ordinance  shall  thereupon  become  a  valid 
and  binding  ordinance  of  tlie  city,  and  any  ordinance  pro- 
posed by  petition  and  which  shall  be  adopted  by  a  vote  of 
the  people,  cannot  be  repealed  or  amended  except  by  a 
vote  of  the  people  as  long  as  the  city  is  under  the  commis- 
sion form  of  government. 

Any  number  of  proposed  ordinances  may  be  voted  upon 
at  the  same  election,  in  accordance  with  the  provisions  of 
this  section,  but  there  shall  not  be  more  than  one  special 
election  in  any  period  of  six  months  for  such  purposes. 

The  board  of  city  commissioners  may  submit  a  proposi- 
tion for  the  repeal  of  any  such  ordinance,  or  for  amend- 
ments thereto,  to  be  voted  upon  at  any  succeeding  general 
city  election;  and  should  such  proposition  so  submitted 
receive  a  majority  of  the  votes  cast  thereon  at  such  elec- 
tion, such  ordinance  shall  be  thereby  repealed  or  amended 
accordingly.  Whenever  any  ordinance  or  proposition  is 
required  by  this  Act  to  be  submitted  to  the  voters  of  the 
city  at  any  election,  the  city  auditor  shall  cause  such  ordi- 
nance or  proposition  to  be  published  once  in  each  of  the 
daily  newspapers  published  in  said  city;  such  publication 
to  be  not  more  than  twenty  or  less  than  five  days  before  the 
submission  of  such  proposition  or  ordinance  to  be  voted  on. 
[1913,  chap.  79.] 

§  3.  Referendum.]  No  ordinance  passed  by  the  board 
of  city  commissioners,  except  when  otherwise  required  by 
the  general  laws  of  the  state  or  by  the  provisions  of  this 
Act,  except  an  ordinance  for  the  immediate  perservation 
of  the  public  peace,  health  or  safety,  which  contains  a  state- 
ment of  its  urgency,  and  is  passed  by  a  four-fifths  vote  ot 
the  board  of  city  commissioners,  shall  go  into  effect  before 


190  ELECTION  LAWS 


ten  days  from  the  time  of  its  final  passage,  and  if  during 
said  ten  days  a  petition  signed  by  electors  of  the  city  equal 
in  number  to  at  least  ten  per  centum  of  the  entire  votes 
cast  for  all  candidates  for  president  of  the  city  commission 
at  the  last  preceding  general  municipal  election  at  which 
a  president  of  the  city  commission  was  elected,  protesting 
against  the  passage  of  such  ordinance,  to  be  presented  to 
the  board  of  city  commissioners,  the  same  shall  thereupon 
be  suspended  from  going  into  operation,  and  it  shall  be  the 
duty  of  the  board  of  city  commissioners  to  reconsider  such 
ordinance,  and  if  the  same  is  not  entirely  repealed,  the 
board  of  city  commissioners  shall  submit  the  ordinance  as 
is  provided  by  Sub-Section  (b)  of  Section  two  of  this  Act, 
to  the  vote  of  the  electors  of  the  city,  either  at  the  general 
election  or  at  a  special  municipal  election  to  be  called  for 
that  purpose;  and  such  ordinance  shall  not  go  into  effect  or 
become  operative  unless  a  majority  of  the  qualified  elec- 
tors voting  on  the  same  shall  vote  in  favor  thereof.  Said 
petition  shall  be  in  all  respects  in  accordance  with  the  pro- 
visions of  said  Section  two,  except  as  to  the  percentage  of 
signers,  and  be  examined  and  certified  to  by  the  auditor  in 
all  respects  as  therein  provided.    [1913,  chap.  79.] 

§  4.  Form  of  petition.]  Petitions  provided  for  in  this 
Act  shall  be  signed  by  none  but  legal  voters  of  the  city. 
Each  petition  shall  contain,  in  addition  to  the  names  of  the 
petitioners,  the  street  and  house  number  in  which  the  peti- 
tioner resides,  his  age  and  length  of  residence  in  the  city. 
It  shall  also  be  accompanied  by  the  affidavit  of  one  or  more 
legal  voters  of  the  city,  stating  that  the  signers  thereof  were, 
at  the  time  of  signing,  legal  voters  of  said  city,  and  the 
number  of  signers  at  the  time  the  affidavit  was  made.  [1913, 
chap.  79.] 

TOWNSHIP   ELECTIONS 

§  3061.  Annual  township  meeting,  when  held.]  The 
citizens  of  the  several  townships  of  this  state,  qualified  to 
vote  at  general  elections,  shall  annually  assemble  and  hoi  i 
township  meetings  in  their  respective  townships,  on  the 
third  Tuesday  in  March  at  such  place  in  each  township  as 
the  electors  thereof  at  their  annual  township  meetings  froTH 
time  to  time  appoint;  and  notice  of  the  time  and  place  of 
holding  such  meetings  shall  be  given  bj^  the  township  clerk, 
by  posting  up  written  or  printed  notices  in  three  of  the  most 
public  places  in  such  township  at  least  ten  days  prior  to 
such  meetings;  provided,  that  before  any  change  of  place 
of  holding  meetings  is  made,  notice  of  such  contemplated 
change  may  be  given  by  any  member  of  the  township  board 


I 


STATE  OF  NORTH  DAKOTA 191 

to  the  township  clerk,  who  shall  in  his  regularly  printed  or 
written  notices  as  above  provided,  incorporate  the  special 
notice  of  the  contemplated  change  of  place  of  holding  such 
meetings.  [1899,  ch.  159;  R.  G.  1899,  §  2540;  1901,  ch.  203.] 
Township  election  day  not  legal  holiday.  State 
V.  Gurrie,  8  N.  D.  545,  80  N.  W.  475. 

§  3062.  Township  officers,  when  elected.  Term  of 
OFFICE.]  There  shall  be  elected  at  the  annual  township 
meeting  in  each  township  one  supervisor  for  the  term  of 
three  years,  one  township  clerk,  one  treasurer,  one  assessor, 
one  overseer  of  highway  for  each  road  district  in  such 
township,  each  for  the  term  of  one  year,  and  two  justices  of 
the  peace  and  two  constables  for  the  term  of  two  years,  but 
justices  of  the  peace  and  constables  shall  be  elected  only 
once  in  two  years  except  to  fill  vacancies.  At  the  first  an- 
nual township  meeting  in  each  township  after  the  taking 
effect  of  this  article  there  shall  be  elected  at  large  for  such 
township  three  supervisors,  one  to  serve  until  the  first  an- 
nual township  meeting,  one  to  serve  until  the  second  an- 
nual township  meeting.  The  board  of  supervisors  at  their 
first  regular  meeting  shall  elect  one  of  their  members  as 
chairman  to  serve  for  the  period  of  one  year.  [1883,  ch. 
112,  sub-ch.  1,  §  12;  R.  G.  1899,  §  2541;  1905,  ch.  182.] 

§  3063.  Powers  of  electors.]  The  electors  of  each 
township  have  power  at  the  annual  township  meeting: 

1.  To  determine  the  number  of  pound  masters  and  the 
location  of  pounds. 

2.  To  select  such  township  officers  as  are  required  to  be 
chosen. 

3.  To  direct  the  institution  or  defense  of  actions  in  all 
controversies  where  such  township  is  interested. 

4.  To  direct  such  sums  to  be  raised  in  such  township 
for  prosecuting  or  defending  such  actions  as  they  may  deem 
necessary. 

5.  To  make  all  rules  and  regulations  for  impounding  of 
animals. 

6  To  impose  such  penalties  on  persons  offending  against 
any  rule  or  regulation  established  by  the  township,  as  they 
thing  proper,  not  exceeding  ten  dollars  for  each  offense  ex- 
cept as  herein  otherwise  proviaed. 

7.  To  apply  such  penalties,  when  collected,  in  such  man- 
ner as  they  deem  most  conducive  to  the  interests  of  the 
township.    [1883,  ch.  112,  sub-ch.  7,  §  13;  R.  G.  1899,  §  2542.] 


192  ELECTION  LAWS 


Article  6. — Special  Meetings. 

§  3078.  Special  meetings  held,  when.]  Special  meet- 
ings may  be  held  for  the  purpose  of  electing  township  oiYi- 
cers  to  fill  vacancies  that  occur,  also  for  the  purpose  of 
transacting  any  lawful  business,  whenever  the  supervisors, 
township  clerk  and  justices  of  the  peace,  or  any  two  of  them, 
together  with  at  least  twelve  freeholders  of  the  township 
file  in  the  office  of  the  township  clerk  a  written  statement 
that  a  special  meeting  is  necessary.  [1883,  ch.  112,  sub-ch. 
1,  §  16;  R.  C.  1899,  §  2543.] 

§  3079.  Clerk  to  give  notice  of  meeting.]  Each  clerk 
with  whom  such  statement  is  filed  as  required  in  the  pre- 
ceding section,  shall  record  the  same  and  immediately  cause 
notice  to  be  posted  in  five  of  the  most  public  places  in  the 
township,  giving  at  least  ten  days'  notice  of  such  special 
meeting;  and  if  there  is  a  newspaper  published  in  the  town- 
ship he  shall  cause  a  copy  of  such  notice  to  be  published 
therein  at  least  three  days  before  the  time  appointed  for 
such  meeting.  [1883,  ch.  112,  sub-ch.  1,  §  17;  R.  G.  1899,  ^ 
2544.] 

§  3080.  What  notice  must  specify.]  Each  notice  given 
for  a  special  meeting  shall  specify  the  purpose  for  which  it 
is  to  be  held,  and  no  other  business  shall  be  transacted  at 
such  meeting  than  such  as  is  specified  in  such  notice.  If 
vacancies  in  office  are  to  be  filled  at  such  meeting  the  notice 
shall  specify  in  what  office  vacancies  exist,  how  they  oc- 
curred, who  was  the  last  incumbent  and  when  the  term  of 
each  office  expires.  [1883,  ch.  112,  sub-ch.  1,  §  18;  R.  C. 
1899,  §  2545.] 

Article  7. — Mode  of  Conducting  Township  Meetings. 

§  3081.  Organization  of  meeting.]  The  electors  present 
at  any  time  between  nine  and  ten  o'clock  in  the  forenoon 
of  the  day  of  the  annual  or  special  meeting  shall  be  called 
to  order  by  the  township  clerk,  if  present;  in  case  he  is  not 
present  then  the  voters  may  elect  by  acclamation  one  of 
their  number  chairman  and  three  of  their  number  judges 
of  such  meeting,  who  shall  be  duly  sworn  and  be  judges  of 
the  qualifications  of  township  electors.  They  shall  thei 
proceed  to  choose  one  of  their  number  to  preside  as  moder- 
ator of  such  meeting.  The  clerk  last  before  elected  shah 
be  clerk  of  the  meeting  and  keep  full  minutes  of  its  pro- 
ceedings, in  which  he  shall  enter  at  length  every  order  or 
direction  and  all  rules  and  regulations  made  by  the  meet- 
ing.   If  the  clerk  is  absent,  then  some  person  shall  be  elect- 


STATE  OF  NORTH  DAKOTA 193 

ed  to  'act  as  clerk  of  the  meeting.     [1883,  ch.  112,  sub-ch.  1, 
§  19;  R.  C.  1899,  §  2546.] 

§  3082.  Duty  of  moderator.  Reconsideration  of  vote] 
At  tlie  opening  of  each  meeting  the  moderator  shall  state 
the  business  to  be  transacted,  and  the  order  in  which  it  shall 
be  entertained,  and  no  proposition  to  vote  a  tax  shall  be 
acted  on  out  of  the  order  of  business  as  stated  by  the  mod- 
erator, and  no  proposition  to  reconsider  any  vote  shall  be 
entertained  at  any  meeting  unless  such  proposition  to  re- 
consider is  made  within  one  hour  from  the  time  such  vote 
was  passed,  or  the  motion  for  such  reconsideration  is  sus- 
tained by  a  number  of  voters  equal  to  a  majority  of  all  the 
names  entered  upon  the  poll  list  at  such  election  up  to  the 
time  such  motion  is  made;  and  all  questions  upon  motions 
made  at  township  meetings  shall  be  determined  by  a  ma- 
jority of  the  electors  voting;  and  the  moderator  shall  as- 
certain and  declare  the  result  of  the  votes  on  each  ques- 
tion.    [1883,  ch.  112,  sub-ch.  1,  §  20;  R.  G.  1899,  §  2547.] 

§  3083.  Proclamation  of  opening  and  closing  polls.] 
Refore  the  electors  proceed  to  elect  any  township  oflicer, 
proclamation  shall  be  made  of  the  opening  of  the  polls  by 
the  moderator,  and  proclamation  shall  in  like  manner  be 
made  of  the  adjournment,  and  of  the  opening  and  closing 
of  the  polls,  until  the  election  is  ended.  [1883,  ch.  112,  suS- 
ch.  1,  §21;R.  C.  1899,  §2548.] 

§  3084.  Who  are  voters.]  No  person  shall  vote  at  any 
township  meeting  unless  he  is  qualified  to  vote  at  general 
elections,  and  has  been  for  the  last  ninety  days  an  actual 
resident  of  the  township  w^herein  he  offers  to  vote.  [1883, 
ch.  112,  sub-ch.  1,  §  22;  R.  G.  1899,  §  2549.] 

§  3085.  Ghallenge  to  voter.]  If  any  person  offering  to 
vote  at  any  election  or  upon  any  question  arising  at  such 
township  meeting  is  challenged  as  unqualified,  the  judge:> 
of  the  meeting  shall  proceed  thereupon  in  like  manner  as 
the  judges  at  the  general  election  are  required  to  proceed, 
adapting  the  oath  to  the  circumstances  of  the  township 
meeting.     [1883,  ch.  112,  sub-ch.  1,  §  23;  R.  G.  1899,  §  2550.] 

§  3086.  Gertain  officers  to  be  elected  by  ballot.]  The 
supervisors,  treasurer,  township  clerk,  assessor,  justices  of 
the  peace,  constables  and  overseer  of  highways  in  each 
township  shall  be  elected  by  ballot.  All  other  officers,  if 
not  otherwise  provided  by  law,  shall  be  chosen  either  by 
yeas  and  nays  or  by  a  division,  as  the  electors  determine. 
[1883,  ch.  112,  sub-ch.  1,  §  24:  R.  G.  1899,  §  2551.] 


194  ELECTION  LAWS 


§  3087.  All  candidates  on  one  ballot.]  When  the  elec- 
tors vote  by  ballot  all  the  candidates  voted  for  shall  be 
named  on  one  ballot,  which  shall  contain,  written  or  print- 
ed, or  partly  written  and  partly  printed,  the  names  of  the 
persons  voted  for  and  the  offices  to  which  such  persons  are 
intended  to  be  chosen,  and  shall  be  delivered  to  one  of  the 
judges  so  folded  as  to  conceal  its  contents.  [1883,  ch.  112, 
sub-ch.  1,  §  25;  R.  G.  1899,  §  2552.] 

§  3088.  Poll  list.]  When  the  election  is  by  ballot  a 
poll  list  shall  be  kept  by  the  clerk  of  the  meeting,  on  which 
shall  be  entered  the  name  of  each  person  whose  vote  is  re- 
ceived.    [1883,  ch.  112,  sub-ch.  1,  §  26;  R.  C.  1899,  §  2553.] 

§  3089.  Judges  to  deposit  ballots.]  When  the  election 
is  by  ballot  one  of  the  judges  shall  deposit  the  ballots  in  a 
box  provided  for  that  purpose.  1 1883,  ch.  112,  sub-ch.  1,  § 
27;  R.  C.  1899,  §  2554.] 

§  3090.  Judges  to  canvass  the  votek.J  At  the  close  of 
every  election  by  ballot  the  judges  shall  proceed  publicly 
to  canvass  the  votes,  which  canvass  when  commenced  shall 
continue  without  adjournment  or  interruption  until  the 
same  is  completed.  [1883,  ch.  112.  sub-ch.  1,  §  28;  R.  G. 
1899,  §  2555.] 

§  3091.  Manner  of  canvassing.]  The  canvass  shall  be 
conducted  by  taking  one  ballot  at  a  time  from  the  ballot 
box  and  counting  until  the  number  of  ballots  is  equal  to 
the  number  of  names  on  the  poll  list,  and  if  there  are  any 
left  in  the  box  they  shall  be  immediately  destroyed;  and 
the  person  having  the  greatest  number  of  votes  for  any  of- 
fice shall  be  declared  duly  elected;  provided,  that  if  two  or 
more  persons  have  an  equal  and  the  highest  number  of 
votes  for  any  office,  the  judges  of  election  shall  at  once  pub- 
licly by  lot  determine  who  of  such  persons  shall  be  declared 
elected.  If  on  opening  the  ballots  two  or  more  ballots  are 
found  to  be  so  folded  that  it  is  apparent  that  the  same  per- 
son voted  them  the  board  shall  immediately  destroy  the 
ballots.     [1883,  ch.  112,  sub-ch.  1,  §  29;  R.  G.  1899,  §  2556.] 

§  3092.  Result  to  be  announced.]  The  canvass  being 
completed,  a  statement  of  the  result  shall  be  entered  at 
length  by  the  clerk  of  the  meeting  in  the  minutes  of  its  pro- 
ceedings to  be  kept  by  him  as  before  required,  which  shall 
be  publicly  read  by  him  to  the  meeting,  and  such  reading 
shall  be  deemed  notice  of  the  result  of  the  election  to  every 
person  whose  name  is  entered  on  the  poll  list  as  a  voter. 
[1883,  ch.  112,  sub-ch.  1,  §  30;  R.  G.  1899,  §  2557.] 

§  3093.  Minutes  to  be  filed.]  The  minutes  of  the  pro- 
ceedings of  each  meeting,  subscribed  by  the  clerk  of  said 


STATE  OF  NORTH  DAKOTA 195 

meeting  and  by  the  judges,  shall  be  filed  in  the  office  of  the 
township  clerk  within  two  days  after  such  meeting.  [1883, 
ch,  112,  sub-ch.  1,  §  31;  R.  C.  1899,  §  2558.] 

§  3094.  Duty  of  township  clerk.]  The  clerk  of  each 
township  meeting  shall,  immediately  after  the  votes  are 
canvassed,  transmit  to  each  person  elected  to  any  township 
office,  a  notice  of  his  election.  [1883,  ch.  112,  sub-ch  1,  § 
32;  R.  C.  1899,  2559;  1903,  ch.  92.] 

§  3095.  Proceedings  when  meeting  fails  to  elect.]  In 
case  any  township  refuses  or  neglects  to  organize  and  elect 
township  officers  at  the  time  fixed  by  law  for  holding  an- 
nual township  meetings,  twelve  freeholders  of  the  township 
may  call  a  township  meeting  for  the  purpose  aforesaid,  by 
posting  notices  in  three  public  places  in  such  township, 
giving  at  least  ten  days'  notice  of  such  meeting;  which  notice 
shall  set  forth  the  time,  place  and  object  of  such  meeting; 
and  the  electors  when  assembled  by  virtue  of  such  notice 
shall  possess  all  the  powers  conferred  upon  them  at  the 
annual  township  meeting.  In  case  no  such  notice  is  give  i 
as  aforesaid  within  thirty  days  after  the  time  for  holding 
the  annual  meeting,  the  board  of  county  commissioners  of 
the  coynty  shall,  on  the  affidavit  of  any  freeholder  of  the 
-township,  filed  in  the  office  of  the  clerk  of  the  board,  set- 
ting forth  the  facts,  at  any  regular  or  special  meeting  of 
the  board,  appoint  the  necessary  township  officers  of  such 
township,  and  the  persons  so  appointed  shall  hold  their  re- 
spective offices  until  others  are  elected  and  qualified  in 
their  places,  and  shall  have  the  same  power  and  be  subject 
to  the  same  duties  as  if  thev  had  been  duly  elected.  [1883, 
ch.  112,  sub-ch.  1,  §  33;  R.  C.  1899,  §  2560.] 


CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE. 

§  8585.  Elector.  Giving  or  receiving  bribe.]  Everj^ 
person,  who,  by  force,  threats,  bribery  or  by  offering  to 
give  or  by  giving  a  bribe  to  any  elector,  or  by  any  corrupt 
means  whatever,  either  directly  or  indirectly,  attempts  to 
influence  or  influences  any  such  elector  in  giving  his  vote 
at  any  election;  or  who  attempts  to  deter  or  deters  him 
from  giving  his  vote  at  such  election,  or  attempts  by  any 
means  whatever  to  awe,  restrain,  hinder  or  disturb  any 
elector  in  the  free  exercise  of  the  right  of  suffrage,  or  de- 
frauds any  elector  at  any  such  election  by  deceiving  and 
causing  such  elector  to  vote  for  a  different  person  for  any 


196  ELECTION  LAWS 


office  than  he  intended  or  desired  to  vote  for,  or  who,  be- 
ing an  inspector,  member  of  the  board  of  election,  judge 
or  poll  clerk  of  any  election,  while  acting  as  such  or  dur- 
ing the  continuance  of  an  election,  induces  or  attempts  to 
induce  any  elector,  either  by  menaces,  or  reward  or  prom- 
ises thereof,  to  vote  differently  from  what  such  elector  in- 
tended or  desired  to  vote,  is  guilty  of  a  misdemeanor  and 
is  punishable  by  a  fine  not  exceeding  one  thousand  dollars 
and  not  less  than  one  hundred  dollars  and  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year  and  not  less 
than  three  months.     [Pen.  G.  1877,  §  56;  R.  C.  1895,  §  6855.] 

§  8586.  Elector.  Illegal  influence.]  Every  person 
offering,  giving  or  loaning  to  another  any  money  or  other 
thing  of  value,  to  induce  him  to  influence  any  elector  to 
vote  in  a  particular  way  or  for  any  person  at  any  such 
election,  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  be  imprisoned  in  the  county  jail  not  ex- 
ceeding one  year,  or  both  such  fine  and  imprisonment. 
[Pen.  C.  1877,  §  57;  R.  C.  1899,  §  6856.] 

§  8587.  Betting  upon  election,  how  punished.]  Every 
person  who  makes,  offers  or  accepts  any  bet  or  wager  upon 
the  result  of  any  election,  or  upon  the  success  or  failure  of 
any  person  or  candidate,  or  upon  the  number  of  votes  to 
be  cast  either  in  the  aggregate  or  for  any  particular  candi- 
date, or  upon  the  vote  to  be  cast  by  any  particular  person 
or  persons,  or  upon  the  decision  to  be  made  by  any  inspec- 
tor of  election,  board  of  election  or  any  member  thereof, 
or  any  canvasser,  board  of  canvassers  or  other  election 
officers,  or  any  question  arising  in  the  course  of  an  elec- 
tion, or  upon  any  event  whatever  depending  upon  the  con- 
duct or  result  of  an  election  or  upon  the  conduct  or  decis- 
ion of  any  officer  of  an  election  or  board  of  such  officers, 
is  guilty  of  a  misdemeanor.  [Pen.  C.  1877,  §  58;  R.  G.  1895, 
§  6857.] 

§  8588.  Offers  of  office,  how  punished.]  Every  per- 
son who,  being  a  candidate  at  any  election,  offers  or  agrees 
to  appoint  or  procure  the  appointment  of  any  particular 
person  or  persons  to  office,  as  an  inducement  or  considera- 
tion to  any  person  to  vote  for,  or  to  procure  or  aid  in  pro- 
curing the  election  of  such  candidate,  is  guiltv  of  a  mis- 
demeanor.    [Pen.  G.  1877,  §  59;  R.  G.  1899,  §  6858.] 

§  8589.  GoMMUNiCATiNG  SAME.]  Every  person  who,  not 
being  a  candidate,  communicates  any  offer  made  in  viola- 
tion of  the  last  section,  to  any  person,  with  intent  to  induce 
him  to  vote  for  or  to  procure  or  aid  in  procuring  the  elec- 


STATE  OF  NORTH  DAKOTA 197 

tion  of  the  candidate  making  the  offer,  is  guilty  of  a  mis- 
demeanor.    [Pen.  C.  1877,  §  60;  R.  C.  1899,  §  6859.] 

§  8590.  Contributing  money  for  elections,  how  pun- 
ISED.  Exceptions.]  Every  person  who,  with  intent  to  pro- 
mote the  election,  either  of  himself  or  of  any  other  person 
or  candidate,  either: 

1.  Furnishes,  or  engages  to  pay  or  deliver  any  money 
or  property,  for  the  purpose  of  procuring  the  attendance 
of  voters  at  the  polls,  or  for  the  purpose  of  compensating 
any  person  for  procuring  attendance  of  voters  at  the  polls, 
except  for  the  conveyance  of  voters  who  are  sick,  poor  or 
infirm;  or, 

2.  Furnishes,  or  engages  to  pay  or  deliver  any  money 
or  property,  for  any  purpose  intended  to  promote  the  elec- 
tion of  any  candidate,  except  for  the  expenses  of  holding 
and  conducting  public  meetings  for  the  discussion  of  pub- 
lic questions,  and  of  printing  and  circulating  ballots,  hand- 
bills and  other  papers,  previous  to  such  election,  is  guiltv 
of  a  misdemeanor.     [Pen.  C.  1877,  §  61;  R.  G.  1899,  §  6860. J 

§  8591.  Defrauding  elector  in  his  vote.]  Every  per- 
son who  fraudulently  alters  the  ballot  of  any  elector  or 
substitutes  one  ballot  for  another,  or  furnishes  any  elector 
with  a  ballot  otherwise  than  as  provided  and  authorized 
by  law,  or  with  a  ballot  containing  more  than  the  proper 
number  of  names,  or  who  intentionally  practices  any  fraud 
upon  any  elector  to  induce  him  to  deposit  a  ballot  as  his 
vote  and  to  have  the  same  thrown  out  and  not  counted,  or 
otherwise  to  defraud  him  of  his  vote,  is  guilty  of  a  mis- 
demeanor.    [Pen.  G.  1877,  §  62;  R.  G.  1895,  §  6861.] 

§  8592.  Obstructing  elector.]  Every  person  who  will- 
fully and  without  lawful  authority  obstructs,  hinders  or 
delays  any  elector  on  his  way  to  any  poll  where  an  election 
shall  be  held,  is  guilty  of  a  misdemeanor.  [Pen.  C.  1877,  § 
63;  R.  G.  1899,  §  6862.] 

§  8593.  Double  voting  or  offer.]  Every  person  who 
votes  more  than  once  at  any  election,  or  who  offers  to  vote 
after  having  once  voted,  either  in  the  same  or  in  another 
election  precinct  or  district  shall  be  punished  by  fine  not  ex- 
ceeding two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year.  [Pen.  G.  1877,  §  64;  R.  G. 
1899,  §6863.] 

§  8594.  Unqualified  voter.]  Every  person  knowing 
himself  not  to  be  a  qualified  voter,  who  votes  or  offers  to 
vote  at  any  election,  shall  be  punished  by  a  fine  not  ex- 


198 


ELECTION  LAWS 


ceeding  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months.  [Pen.  C.  1877,  S  65; 
R.  C.  1899,  §  6864] 

§  8595.  Procuring  u)nqualified  vote.]  Every  person 
who  procures,  aids,  assists,  counsels  or  advises  another  to 
give  his  vote,  knowing  that  such  person  is  disqualified, 
shall  be  punished  by  a  fine  not  exceeding  five  hundred  dol- 
lars, nor  less  than  fifty  dollars,  and  by  imprisonment  in  the 
county  jail  not  exceeding  one  year.  [Pen.  G.  1877,  ^  66:  R, 
C.  1899,  §  6865.] 

§  8596.  Advising  unqualified  voting.]  Every  person 
who  procures  or  counsels  another  to  enter  any  town,  ward 
or  election  precinct  or  district  for  the  purpose  of  giving 
his  vote  at  an  election,  knowing  that  such  person  is  not  en- 
titled so  to  vote,  is  guilty  of  a  misdemeanor.  [Pen.  C.  1877, 
§  67;  R.  G.  1899,  §  6866.] 

§  8597.  Voting  in  wrong .  precinct  or  district.]  Every 
person  who,  at  any  election,  knowingly  votes  or  offers  to 
vote  in  any  election  precinct  or  district  in  which  he  does 
not  reside,  or  in  which  he  is  not  authorized  by  law  to  vote, 
is  guilty  of  a  misdeameanor.  [Pen.  G.  1877,  §  68;  R.  G.  1899, 
§  6867.] 

§  8598.  Voting  unlawfully  at  town  meeting.]  Every 
person  who  votes  at  any  annual  township  meeting,  in  a 
township  in  which  he  does  not  reside,  or  who  offers  to  vote 
at  any  annual  township  meeting  after  having  voted  at  an 
annual  township  meeting  held  in  another  township  within 
the  same  vear,  is  guilty  of  a  misdemeanor.  [Pen.  G.  1877, 
§  741;  R.  G.  1899,  §  6868.] 

§  8599.  Gonvicted  felon.  Denied  vote.]  Every  person 
who,  having  been  convicted  of  any  bribery  or  felony,  there- 
after offers  to  vote  at  any  election  without  having  been 
pardoned  and  restored  to  all  the  rights  of  a  citizen,  is  guilty 
of  a  misdemeanor.     [Pen.  G.  1877,  §  69;  R.  G.  1899,  §  6869.1 

§  8600.  Unauthorized  registration,  how  punished.] 
Every  person  who  causes  his  name  to  be  registered  as  that 
of  an  elector,  upon  any  registry  of  voters  authorized  hy 
law  to  be  kept  in  any  town,  city  or  election  precinct  or  dis- 
trict of  this  state,  knowing  that  he  is  not  a  qualified  voter 
within  the  territorial  limits  covered  by  such  registry,  is 
punishable  by  imprisonment  in  the  penitentiary  not  less 
than  one  year.     [Pen.  G.  1877,  §  70;  R.  G.  1899,  §  6870.] 

§  8601.  Personating  registered  voter.]  Every  person 
who,  within  any  city,  town  or  election  precinct  or  districi 


_  STATE  OF  NORTH  DAKOTA  19^ 

in  this  state  in  which  a  registry  of  qualified  voters  is  by  la^v 
authorized  to  be  kept  falsely  personates  a  registered  vote:\ 
and  in  such  personating  offers  to  vote  at  any  election,  is 
punishable  by  imprisonment  in  the  penitentiary  not  less 
than  one  year.     [Pen.  G.  1877,  §  71;  R.  C.  1899,  §  6871.] 

§  8602.  False  statement,  preventing  registration.] 
Every  person  who,  at  the  time  of  requesting  his  name  to  be 
registered  as  that  of  a  qualified  voter,  upon  any  registry  of 
voters  authorized  by  law  to  be  kept  in  any  city,  town  or 
election  precinct  or  district  of  this  state,  or  at  the  time  of 
offering  his  vote  at  any  election,  knowingly  makes  any  false 
statement  or  employs  any  false  representation  or  false  pre- 
tense or  token,  to  procure  his  name  to  be  registered  or  his 
vote  to  be  received,  is  guilty  of  a  misdemeanor.  [Pen.  C. 
1877,  §  72;  R.  C.  1899,  §  6872.] 

§  8603.  Constructive  false  statements.]  A  false  state- 
ment, representation  or  token,  made  or  used  in  the  pres- 
ence and  to  the  knowledge  of  a  person  requesting  his  name 
to  be  registered  or  offering  his  vote,  is  to  be  deemed  made 
by  himself,  if  it  appears  that  it  was  made  or  used  in  sup- 
port of  his  claim  to  be  registered  or  to  vote,  that  he  knew 
it  to  be  false  and  suffered  it  to  pass  uncontradicted.  [Pen. 
C.  1877,  §  73;  R.  C.  1899,  §  6873.] 

§  8604.  Disturbance  of  public  meeting.]  Every  person 
who  willfully  disturbs  or  breaks  up  any  public  meeting  of 
electors  and  others,  lawfully  being  held  for  the  purpose  of 
considering  public  questions,  is  guilty  of  a  misdemeanor. 
[Pen.  G.  1877,  §  74;  R.  C.  1899,  §  6874.] 

§  8605.  Preventing  public  meeting  of  electors.]  Ever^/ 
person  who,  by  threats,  intimidation  or  unlawful  violence, 
willfully  hinders  or  prevents  electors  from  assembling  in 
public  meeting  for  the  consideration  of  public  questions.  Is 
guilty  of  a  misdemeanor.  [Pen.  C.  1877,  §  75;  R.  C.  1899,  S 
6875.] 

§  8606.  Preventing  attendance  at  public  meeting.] 
Every  person  who  makes  use  of  any  force  or  violence  or 
of  any  threat  to  do  any  unlawful  act,  as  a  means  of  pre- 
venting an  elector  from  attending  any  public  meeting  law- 
fully held  for  the  purpose  of  considering  any  public  ques- 
tions, is  guilty  of  a  misdemeanor.  [Pen.  C.  1877,  §  76;  R. 
G.  1899,  §  6876.] 

§8607.  Intimidating  ELECTORS.]  Every  person  who  will- 
fully, by  unlawful  arrest,  by  force  and  violence  or  by  threats 
or  intimidation,  prevents  or  endeavors  to  prevent  an  elector 
from  freely  giving  his  vote  at  any  election,  or  employs  either 


200  ELECTION  LAWS 


of  such  means  to  hinder  him  from  voting,  or  to  cause  him  to 
vote  for  any  person  or  candidate,  shall  be  punished  by  a  fine 
not  exceeding  one  thousand  dollars,  and  not  less  than  fifty 
dollars.    [Pen.  C.  1877,  §  77;  R.  C.  1899,  §  6877.] 

§  8608.  Violence,  threats,  etc.,  of  electors.]  Every 
person  who  procures  or  endeavors  to  procure  the  vote  oi 
any  elector,  or  the  influence  of  any  person  or  other  electors, 
at  any  election,  for  himself  or  for  or  against  any  candidate, 
by  means  of  violence,  threats  of  violence,  or  threats  of  with- 
drawing custom  or  dealings  in  business  or  trade,  or  enforc- 
ing the  payment  of  debts,  or  bringing  a  suit  or  criminal 
prosecution,  or  any  other  threat  of  injur}^  to  be  inflicted  by 
him  or  by  his  means  of  procurement,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  and  by  impris- 
onment in  the  county  jail  not  exceeding  six  months.  [Pen. 
C.  1877,  §  78;  R.  C.  1899,  §  6878.] 

§  8609.  Disobedience  of  election  judges  and  officers.] 
Every  person  who  willfully  disobeys  a  lawful  command  of 
an  inspector  or  judge  of  election  or  board  of  election,  or 
board  of  judges  of  an  election  or  election  officers,  given  in 
the  execution  of  his  or  their  duty  as  such  at  anv  election, 
is  guilty  of  a  misdemeanor.  [Pen.  G.  1877,  §  79;  R.  G.  1895, 
§  6879.] 

§  8610.  Violence  disturbing  election.]  Every  person 
who  is  guilty  of  any  riotous  conduct,  or  causes  any  distur- 
bance or  breach  of  the  peace,  or  uses  any  disorderly  violence 
or  threats  of  violence,  whereby  any  elector  is  impeded  or 
hindered,  or  whereby  the  lawful  proceedings  of  any  in- 
spector or  judge  of  election  or  poll  clerk  or  other  oflicer  of 
election  or  election  officer,  or  board  of  election  or  can- 
vasser at  such  election,  in  the  discharge  of  his  or  their  duty, 
are  interfered  with,  is  guilty  of  a  misdemeanor.  [Pen.  G. 
1877,  §  80;  R.  G.  1905,  §  6880.] 

§  8611.  Disobedience.  Summary  arrest  therefor.] 
Whenever,  at  an  election,  any  person  refuses  to  obey  the 
lawful  command  of  an  inspector  or  judge  of  election,  or  oi 
a  board  of  election  or  other  officer  of  election  or  election 
officer  or  board  of  canvassers,  or  by  any  disorderly  con- 
duct in  his  or  their  presence  interrupts  or  disturbs  his  or 
their  proceeding,  he  or  they  may  make  an  order  directing 
the  sheriff  or  any  constable  of  the  county,  or  one  or  more 
special  constables  to  be  appointed  by  him  or  them,  to  take 
the  person  so  offending  into  custody  and  detain  him  until 
the  final  canvass  of  the  votes  shall  be  completed.  Rut  such 
order  shall  not  prohibit  the  person  taken  into  custody  from 
voting  at  such  election.  [Pen.  G.  1877,  §  81;  R.  G.  1899,  § 
6881.] 


STATE  OF  NORTH  DAKOTA 201 

§  8612.  Such  arrest  not  defense.]  The  fact  that  any 
person,  offending  against  the  provisions  of  the  preceding 
section,  was  taken  into  custody  and  detained,  as  therein 
authorized,  forms  no  defense  to  a  prosecution  for  the  of- 
fense committed  under  any  provisions  of  this  code.  [Pen. 
C.  1877,  §  82;  R.  G.  1899,  §  6882.] 

§  8613.  Destroying  ballots  or  boxes.]  Every  person 
who  willfully  breaks  or  destroys,  on  the  day  of  an  election 
or  before  the  canvass  is  completed,  any  ballot  box  used  or 
intended  to  be  used  as  such  election,  or  defaces,  injures, 
destroys  or  conceals  any  ballot  which  has  been  deposited  in 
any  ballot  box  at  an  election,  and  has  not  already  been 
counted  or  canvassed,  or  any  poll  list  used  or  intended  to 
be  used  at  such  election,  is  guilty  of  a  felony.  [Pen.  C. 
1877,  §  83;  R.  C.  1899,  §  6883.] 

§  8614.  False  certificates.  Suppressing  certificate.] 
Every  person  who  falsely  makes,  or  makes  oath  to  or  frau- 
dulently destroys  any  certificate  of  nomination  or  any  part 
thereof,  or  files  or  receives  for  filing  any  certificate  of  nom- 
ination, knowing  the  same  or  any  part  thereof  to  be  falsely 
made,  or  suppresses  any  certicate  of  nomination  which  ha> 
been  duly  filed,  or  any  part  thereof,  or  forges  or  falsely 
makes  the  official  indorsement  on  any  ballot,  or  willfully 
neglects  properly  to  indorse  said  ballot  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  by  imprisonment  in  the  penitentiary  not  less  than 
one  and  not  exceeding  five  years.  [1893,  ch.  66,  §  31;  R.  G. 
1895,  §  6884.] 

§  8615.  Destroying  supplies,  lists  or  cards.]  Every 
person  who,  during  an  election,  willfully  removes  or  de- 
stroys any  of  the  supplies  or  other  conveniences  placed 
in  the  booths  or  compartments  for  the  purpose  of  enabling 
the  voter  to  prepare  his  ballot,  or  prior  to  or  on  the  day  of 
an  election  willfully  defaces  or  destroys  any  list  of  candi- 
dates posted  in  accordance  with  the  provisions  of  law,  or 
any  copy  of  the  printed  ticket  so  posted,  or  who,  during  an 
election,  tears  down  or  defaces  the  cards  printed  for  the  in- 
struction of  voters,  shall  be  deemed  guilty  of  a  misdem- 
eanor, and  upon  conviction  thereof,  shall  be  fined  in  any 
sum  not  exceedinfif  one  hundred  dollars.  [1893,  ch,  66,  § 
32;  R.  G.  1895,  §  6885.] 

§  8616.  False  poll  list.]  Every  poll  clerk  or  clerk  of* 
the  poll  at  any  election,  who  willfully  keeps  a  false  poll  lisf, 
or  who  knowingly  inserts  in  his  poll  list  any  false  state- 
ment, is  guilty  of  a  misdemeanor.  [Pen.  G.  1877,  §  84;  R, 
G.  1895,  §  6886.] 


202  ELECTION  LAWS 


§  8617.  Misconduct  of  judges.  Challenges.]  Everj' 
inspector  or  judge  of  an  election,  who  willfully  excludes 
any  vote  duly  tendered,  knowing  that  the  person  offering 
the  same  is  lawfully  entitled  to  vote  at  such  election,  or  who 
willfully  receives  a  vote  from  any  person  who  has  been 
duly  challenged  in  relation  to  his  right  to  vote  at  such  elec- 
tion, without  exacting  from  such  person  such  oath  or  other 
proof  of  qualification  as  may  be  required  by  law,  or  who 
willfully  omits  to  challenge  any  person  offering  to  vote, 
whom  he  knows  or  suspects  not  to  be  duly  entitled  to  vote, 
and  who  has  not  been  challenged  by  any  other  person,  is 
guilty  of  a  misdemeanor.  [Pen.  G.  1877,  §  85;  R.  C.  1895, 
§  6887.] 

§  8618.  Falsely  canvassing  or  certifying.]  Every  in- 
spector or  judge  of  election,  member  of  any  board  of  elec- 
tion or  of  canvassers,  poll  clerk,  messenger  or  other  officer 
authorized  to  take  part  in  or  perform  any  duty  in  relation 
to  any  canvass  or  official  statement  of  votes  cast  at  any 
election,  who  willfully  makes  any  false  canvass  of  such 
votes,  or  makes,  signs,  publishes  or  delivers  any  false  re- 
turns of  such  election,  knowing  the  same  to  be  false,  or 
willfully  defaces,  destroys  or  conceals  any  statement  or 
certificate  intrusted  to  his  care,  is  guilty  of  a  misdemeanor. 
[Pen.  C.  1877,  §  86;  R.  C.  1895,  §  6888.] 

§  8619.  Bribing  election  officers.]  Every  person  who 
gives  or  offers  a  bribe  to  any  inspector,  judge,  clerk,  can- 
vasser or  other  officer  of  any  election,  or  of  any  board  of 
election,  as  a  consideration  for  some  act  done  or  omitted  to 
be  done,  contrary  to  his  official  duty  in  relation  to  such 
election,  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars  and  imprisonment  in  the  county  jail  not  ex- 
ceeding six  months.     [Pen.  C.  1877,  §  87;  R.  G.  1895,  §  6889.] 

§  8620.  Penalty,  disfranchisement.]  Any  person  guilty 
of  either  of  the  offenses  mentioned  in  section  8585  and  8586 
shall  thereafter  be  forever  disfranchised  and  rendered  in- 
eligible to  any  office  of  trust  or  profit  within  the  state,  in- 
cluding that  of  representative  to  congress.  [Pen.  G.  1877, 
§  88;  R.  G.  1899,  §  6890.] 

§  8621.  Witness  not  excused,  not  punished.]  No  per- 
son shall  be  excused  from  testifying  upon  a  prosecution  for 
an  offense  mentioned  in  section  8586  upon  the  ground  that 
his  statement  might  tend  to  criminate  himself,  but  any  per- 
son so  testifying  against  the  other  party  shall  thereafter  be 
exempt  from  punishment  for  such  offense  mentioned  in 
said  section.     [Pen.  G.  1877,  §  89;  R.  G.  1899,  §  6891.] 

§  8622.  Election  defined.]  The  word  "election,"  as 
used  in  this  chapter,  designates  only  elections  had  within 


STATE  OF  NORTH  DAKOTA 203 

this  state  for  the  purpose  of  enabling  electors,  as  such,  to 
choose  some  public  otficer  or  officers  under  the  laws  of  this 
state,  or  of  the  United  States.  [Pen.  C.  1877,  §  90;  R.  C. 
1899,  §  6892.] 

§  8623.  Irregularities  no  defense.]  Irregularities  or 
defects  in  the  mode  of  noticing,  convening,  holding  or  con- 
ducting an  election  authorized  by  law,  form  no  defense  to 
a  prosecution  for  a  violation  of  the  provisions  of  this  chap- 
ter.    [Pen.  G.  1877,  §  91;  R.  C.  1899,  §  6893.] 

§  8624.  Rights.  Lawful  interference.]  Nothing  in 
this  chapter  shall  be  construed  to  authorize  the  punishment 
of  any  person  who,  by  authority  of  law,  may  interfere  to 
prevent  or  regulate  an  election  which  has  been  unlawfully 
noticed  or  convened,  or  is  being  or  is  about  to  be  unlaw- 
fully conducted.     [Pen.  C.  1877,  §  92;  R.  C.  1899,  §  6894] 

§  8625.  Questions  submitted.  Criminal  acts.]  Ever^^^ 
act  which  by  the  provisions  of  this  chapter  is  made  crim- 
inal when  committed  with  reference  to  the  election  of  8 
candidate,  is  equally  criminal  when  committed  with  refer- 
ence to  the  determniation  of  a  question  submitted  to  elec- 
tors to  be  decided  by  votes  cast  at  an  election.  [Pen.  C. 
1877,  §  93;  R.  G.  1899,  §  6895.] 

§  8626.  Good  faith.  Given  in  evidence.]  Upon  any  pro- 
secution for  procuring,  offering  or  casting  an  illegal  vote, 
the  accused  may  give  in  evidence  any  facts  tending  to  show 
that  he  honestly  believed  upon  good  reason  that  the  vot'^ 
complained  of  was  a  lawful  one;  and  the  jury  may  take 
such  facts  into  consideration  in  determining  whether  the 
acts  complained  of  were  knowingly  done  or  not.  [Pen.  G. 
1877,  §  94;  R.  G.  1899,  §  6896.] 

§  8627.  Selling  liquors  on  election  day.]  Every  per- 
son who  sells,  gives  away  or  disposes  of  any  intoxicating 
liquors  as  a  beverage,  on  the  day  of  any  general  electioi 
or  special  or  local  election,  in  the  town,  city  or  countj^ 
where  held,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  imprisonment  in  the 
county  jail  not  to  exceed  twenty  days,  and  by  fine  not  ex- 
ceeding one  hundred  and  not  less  than  fifty  dollars.  [Pen. 
G.  1877,  §  95;  R.  G.  1895,  §  6897.] 

§  8628.  Unlawful  voting  at  caucus.  Penalty.]  Every 
person  who  is  not  a  qualified  elector  of  the  ward  or  elec- 
tion precinct  in  which  any  caucus  or  primary  meeting  is 
held  and  having  for  its  object  either  immediately  or  ulti- 
mately, the  nomination  or  selection  of  any  delegate,  or  of 
any  candidate  for  a  public  office  to  be  voted  for  at  any  elec- 


204  ELECTION  LAWS 


tion  in  this  state,  who  in  any  manner  votes  upon  any  ques- 
tion or  issue  pending  before  or  submitted  to  such  caucus 
or  primary  meeting,  is  guilty  of  a  misdemeanor.  It  sliall 
be  tlie  duty  of  the  clerk  of  any  caucus  held  under  section 
598  of  the  political  code  to  carefully  keep  and  preserve  the 
record  of  the  caucus,  which  shall  include  a  list  of  the 
names  of  each  person  voting  at  the  said  caucus,  for  six 
months,  and  he  shall  at  any  time  within  said  six  months 
furnish  a  certified  copy  of  the  record  of  such  caucus  upon 
the  request  of  the  chairman  of  the  county  or  state  commit- 
tee of  the  political  party  which  said  caucus  represented. 
Any  person  who  shall  participate  directly  or  indirectly  iu 
the  election  at  cauchs  of  more  than  one  delegate  or  set  oi" 
delegates  for  the  nomination  of  each  office  to  be  filled  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  less  than  fifty  nor  more  than 
two  hundred  dollars.  [1885,  ch.  28,  §  31;  1899,  ch.  28  §§7,  8; 
R.  C.  1899,  §  6898.] 

§  9341.  Mutilating  election  returns]  Evei-y  messenger 
appointed  by  authority  of  law  to  receive  and  carry  any  re- 
port, certificate  or  certified  copy  of  any  statement  relating 
to  the  result  of  any  election,  who  willfully  multilates,  tears, 
defaces,  obliterates  or  destro}  s  the  same,  or  does  any  other 
act  which  prevents  the  delivery  of  it  as  required  by  law, 
and  every  person  who  takes  away  from  such  messenger 
any  such  report,  certificate  or  certified  copy,  with  intent  to 
prevent,  its  delivery,  or  who  willfully  does  any  injury  or 
other  act  such  as  is  above  specified,  is  punishable  by  im- 
prisonment in  the  penitentiary  not  exceeding  five  years 
and  not  less  than  two  years.  [Pen.  C.  1877,  §  716;  R.  C. 
1899,  §  7582.] 


STATE  OF  NORTH  DAKOTA  205 


PRIMARY  ELECTION  LAW. 


Section  1.  Intent  of  act.]  It  is  the  intention  of  this  act 
to  reform  the  methods  by  which  political  parties  shall  make 
nominations  of  candidates  for  all  public  oflices  by  popular 
vote.  It  shall  be  liberally  construed  so  that  the  real  will  of 
the  electors  may  not  be  defeated  by  any  informality  or  fail- 
ure to  comply  with  all  provisions  of  law  in  respect  to  either 
the  giving  of  any  notice  or  the  conducting  of  the  primary  or 
certify  the  results  thereof.     [1907,  ch.  109.] 

Sec.  2.  Held,  when.  What  offices  for.]  On  the  last 
Wednesday  in  June  of  every  year  in  which  occurs  a  general 
election,  there  shall  be  held,  in  lieu  of  party  caucuses  and 
conventions,  a  primary  election  in  the  various  voting  pre- 
cincts of  this  state,  for  the  nomination  of  candidates  for  the 
following  ofhces  to  be  voted  for  at  the  ensuing  general  elec- 
tion, viz:  Members  of  congress,  state  officers,  county  otfi-- 
cers,  district  assessors  and  the  following  oflicers  on  the 
years  of  their  regular  election,  viz :  Judges  of  the  supreme 
and  district  court,  members  of  the  legislative  assembly  and 
county  commissioners,  and  United  States  senator  in  the 
year  previous  to  his  election  by  the  legislative  assembly, 
provided,  however,  that  the  provisions  of  this  act  shall  not 
be  construed  to  include  or  provide  for  the  nomination  of 
presidential  electors  or  delegates  to  national  conventions. 
Such  delegates  to  national  conventions  shall  be  nominated 
and  elected,  and  presidential  electors  nominated  as  now  or 
hereafter  may  be  provided  for  by  the  various  state  central 
committees.  For  special  elections  for  the  officers  enumer- 
ated herein  the  nominations  shall  be  made  as  otherwise 
provided  by  law.     [1907,  ch.  109.] 

Sec.  3.  Petition  required.  Fees  for  filing.  Affidavit 
OF  candidates.]  Every  candidate  for  United  States  senator, 
member  of  congress,  state  officers,  judge  of  supreme  and 
district  courts,  shall  not  more  than  sixty  days  nor  less  than 
thirty  days  prior  to  said  primary  election,  present  to  the 
secretary  of  state  a  petition  giving  his  name,  post  office  ad- 
dress, the  title  of  the  office  to  which  he  aspires  and  the  party 
which  he  represents,  containing  the  names  of  3  per  cent  of 
the  total  vote  cast  for  the  candidate  of  the  party  with  which 


206  ELECTION  LAWS 


he  affiliates,  for  the  same  position  at  the  last  general  elec- 
tion; provided,  however,  that  in  no  case  shall  more  than 
three  hundred  names  be  required.  Each  name  on  the  peti- 
tion shall  be  that  of  a  legal  voter  and  be  subscribed  under  a 
certified  party  heading. 

Upon  receipt  by  the  secretary  of  state  of  such  petition  and 
the  payment  to  him  of  an  amount  equal  to  one  per  cent  of 
the  annual  salary  of  the  office  to  which  he  aspires,  and 
when  accompanied  by  the  following  affidavit  he  shall  place 
the  applicant's  name  upon  the  primary  election  ballot  in 
the  columns  of  his  party  as  hereafter  provided;  provided, 
however,  that  no  fee  shall  be  required  of  candidates  for 
United  States  senator.  Said  affidavit  may  be  substantialW 
as  follows: 


State  of  North  Dakota 


i^    ss. 


County  of J 

I,  ,  being  duly  sworn,  depose  and  say 

that  I  reside  in  the  county  of and  state  of  North 

Dakota;  that  I  am  a  qualified  voter  therein  and  a ; 

that  I  am  a  candidate  for  nomination  to  the  office  of 

to  be  chosen  at  the  primary  election  to  be  held 

on  the 19. . .,  and  I  do  hereby  request  that 

my  name  be  printed  upon  the  primary  election  ballot  as 

provided  by  law,  as  a  candidate  of  the party 

for  said  office. 


Subscribed  and  sworn  to  before  me  this day 

of ,  19.... 


Notary  Public,  North  Dakota. 


The  fees  designated  in  this  section  to  be  paid  to  the  secre- 
tary of  state  shall  be  turned  over  by  him  to  the  state  treas- 
urer to  be  covered  into  the  general  fund.     [1907,  ch.  109.] 

§  4.  (Decision.)  Party  registration  required,  when.] 
A  party  registration  of  the  voters  in  their  respective 
political  parties  shall  be  taken  in  each  precinct  of  this 
state  in  the  following  manner.  In  the  months  of  April 
and  May  of  each  even  numbered  year  in  which  a  pri- 
mary election  is  held,  the  assessor  of  each  district  shall 
at  the  time  he  makes  his  assessment  of  the  real  and 
personal    property    take    down    in    an    enrollment    book 


STATE  OF  NORTH  DAKOTA 


207 


the  name  of  each  voter  in  his  district,  grouping  alphabetic- 
ally and  according  to  the  precinct  of  such  voters  in  substan- 
tially the  following  form : 

County, 

City, 

Ward 

Election  precinct. 


Date 


Enrolled 
Number 


Name 


P.  O.  Address 


Age 


Nativity 


Str. 
No. 


Party 
Affiil. 


And  also  have  each  voter  sign,  and  swear  to  before  the 
assessor  or  notary  as  the  case  may  be  a  registration  blank 
"A"  which  shall  be  in  the  following  form: 

State  of  North  Dakota, 

County  of 


ss. 


I,  the  undersigned,  elector  do  solemnly  swear  or  (affirm) 
that  my  name  and  signature  as  signed  below  is  my  true 
name  and  signature.  If  I  have  not  personally  signed  it,  it  is 

because and  it  was  signed 

at  my  request  by  the  attesting  officer.    My  age  is years 

and   occupation ;   nativity ; 

naturalized  or  declared  by  intention  in court, 

dn county,    State,   on 

19...,  as  appears  by  the  naturalization  papers  exhibited 

herewith.    Present  residence  is  in  section ,  township 

,  range ,    county.  North  Da- 
kota; or  (if  in  city  or  town  )at  No street,  in  the  city 

of post  office  address I 

belong  to  the party;  that  I  have  resided  in  this 

state  for  one  year  immediately  preceding  this  election.     In 
testimony  whereof  I  sign  my  name  two  times. 

(1) (1) 

(2) 

Elector. 


Note — "Verification  to  be  in  usual  form."  If  unable  to 
sign,  let  the  officer  write  his  name  and  so  state. 

Registration  and  enrollment  books.  How  furnished.] 
These  party  enrollment  books  and  blanks  shall  be  prepared 
and  furnished  by  the  secretary  of  state  and  by  him  sent  to 
each  county  auditor  in  the  state  and  by  each  county  auditor 
distributed  to  each  assessor.  The  assessors  shall  complete 
this  work  of  taking  the  party  registration  in  the  months  of 


208  ELECTION  LAWS 


April  and  May  of  each  even  numbered  year  and  shall  return 
the  blanks  and  enrollment  books  to  the  county  auditors  of 
the  respective  counties  on  or  before  thirty  days  before  each 
primary  election  day  and  shall  receive  as  compensation  the 
sum  of  ten  cents  (10c)  for  entry  of  the  name  of  each  party 
voter  in  addition  to  the  compensation  now  allowed  by  law 
for  this  work  as  such  assessor.  He  shall  cause  the  names 
to  be  entered  in  the  party  enrollment  book  alphabetically 
and  according  to  the  respective  precincts  of  the  voters  with- 
in that  district. 

Any  voter  who  is  unavoidably  absent  from  the  assessor's 
district  during  the  time  of  taking  the  party  registration  may 
go  before  any  notary  public  and  sign  and  verify  a  registra- 
tion blank  as  shown  by  form  "A"  and  mail  the  same  in  to 
the  county  auditor  of  his  county. 

When  person  may  cause  name  to  be  enrolled  on  primary 
DAY.]  Any  person  who  was  a  qualified  voter  in  any  elec- 
tion precinct  in  this  state  on  the  day  of  enrollment  and  reg- 
istration provided  for  in  this  act,  and  who  failed  to  have 
his  name  enrolled  on  that  day  by  reason  of  sickness  or  un- 
avoidable absence  from  the  election  precinct,  and  who  is  a 
qualified  voter  in  said  district  at  the  time  of  the  primaries 
thereafter  held  therein,  or  who  may  have  become  twenty- 
one  years  of  age  after  the  day  of  enrollment,  may  have  his 
name  enrolled  by  the  election  board  on  any  primary  day 
upon  making  oath  as  provided  in  the  general  election  law 
in  relation  to  registration  of  electors  on  election  day.  Any 
person  who  was  a  qualified  voter  in  any  election  precinct  in 
this  state  on  the  day  of  enrollment  provided  for  in  this  act, 
and  who  was  duly  enrolled  as  provided  herein,  who  has 
had  occasion  to  transfer  his  place  of  residence  to  an  elec- 
tion precinct  other  than  that  in  which  he  was  enrolled,  may 
be  entitled  to  a  new  enrollment  on  primary  day  in  such 
election  precinct  and  be  entitled  to  a  vote  therein,  provided 
that  he  has  resided  in  the  election  precinct  to  which  he  has 
lately  removed  for  a  period  to  comply  with  general  laws 
governing  residences  of  electors.  He  may  obtain  from  the 
assessor  of  the  precinct  in  which  he  formerly  resided  a  cer- 
tificate stating  that  he  was  duly  enrolled  in  such  precinct, 
and  that  he  has  changed  his  residence  therefrom  to  such 
other  precinct  and  that  he  is  entitled  to  enrollment  therein. 

The  county  auditor  shall  cause  duplicates  to  be  made  of 
all  the  party  enrollment  books  on  file  in  his  office  and  cause 
a  copy  of  the  party  enrollment  book  for  each  precinct  to  be 
delivered  to  the  inspector  of  elections  of  such  precinct  at 
the  same  time  that  the  other  election  supplies  and  ballot 
boxes  are  delivered  to  such  inspector  as  now  provided  by 
law. 


I 


STATE  OF  NORTH  DAKOTA 209 

The  inspector  and  judges  at  such  primary  election  shaJl 
require  each  voter  to  vote  the  party  ballot  under  which  he 
has  registered. 

County  and  legislative  candidates.  Petition,  filing  fee 
AND  pledge.]  Every  candidate  for  a  county  or  district  ofhce 
shall  not  more  than  forty  days  nor  less  than  thirty  days, 
and  before  4  o'clock  p.  m.  of  the  thirtieth  day  prior  to  any 
primary  election,  present  to  the  county  auditor  a  petition 
giving  his  name,  post  office  address,  the  title  of  the  office  to 
which  he  aspires  and  the  party  which  he  represents,  con- 
taining the  names  of  five  per  cent  of  the  total  vote  cast  for 
the  candidate  of  the  party  which  he  represents,  for  the  same 
position  at  the  last  general  election :  such  names  to  be  pro- 
cured from  at  least  one-fifth  of  the  precincts  of  his  district; 
provided,  however,  that  in  no  case  shall  there  be  more  than 
two  hundred  names;  and,  provided,  further,  that  the  peti- 
tions of  all  candidates  for  members  of  the  legislative  assem- 
bly may,  in  addition  to  the  requirements  hereinbefore  pro- 
vided, contain  the  following  pledge,  namely:  "I,  the  un- 
dersigned, a  candidate  for  the  office  of  member  of  the  legis- 
lative assembly  of  the  state  of  North  Dakota,  do  obligate 
myself  to  the  people  of  the  state  of  North  Dakota  and  to  the 
people  of  my  legislative  district  that  during  my  term  of  of- 
fice I  will  support  and  vote  for  that  candidate  for  United 
States  senator  in  congress  of  the  party  of  which  I  am  n 
member,  who  has  received  a  majority  of  such  party  votes, 
or  who  by  law  received  the  party  nomination  for  that  posi  • 
tion  at  the  primary  election  next  preceding  the  election  o: 
United  States  senator  in  congress."  In  case  such  legislative 
candidate  signs  the  foregoing  pledge,  he  shall  be  entitled  to 
have  printed  below  his  name  upon  the  primary  and  general 
election  ballot  the  following  words,  to-wit:  "Pledged  to  the 
people's  choice  for  U.  S.  senator."  In  case  such  legislative 
candidate  does  not  sign  the  foregoing  pledge  there  shall  be 
printed  below  his  name  upon  the  primary  election  and  gen- 
eral election  ballots  the  following  words,  to-wit:  "Not 
pledged  to  the  people's  choice  for  U.  S.  Senator." 

Each  name  on  the  petition  shall  be  that  of  a  qualified 
voter,  and  be  subscribed  under  a  party  heading.  Each 
signer  of  a  nomination  paper  shall  sign  but  one  such  paper 
for  the  same  office;  he  shall  add  his  residence  with  the  streel: 
number,  if  any,  and  the  aate  of  signing.  Upon  the  receipt 
cf  such  petition  by  the  county  auditor  and  the  payment  to 
him  of  the  filing  fee  of  three  dollars  ($3.00),  excepting  can- 
didates for  county  commissioners,  district  assessors,  sur- 
veyor, coroner,  county  constables  and  county  justices  of  the 
peace,  who  shall  pay  no  filing  fee  and  when  accompanied 
by  an  affidavit  as  provided  in  section  3  of  chapter  109  of  th.i 


210  ELECTION  LAWS 


1907  Session  Laws  relating  to  petitions  required,  fees  and 
liling  affidavit  of  candidate,  such  county  auditor  shall  place 
the  name  of  such  applicant  upon  the  primary  election  ballot, 
in  the  columns  of  his  party  as  hereinbefore  provided. 

When  a  legislative  district  is  composed  of  more  than  one 
county,  the  petition  herein  provided  for  shall  be  filed  with 
the  county  auditor  of  the  county  where  the  candidate  re- 
sides, and  such  county  auditor  shall  certify  to  the  county 
auditors  of  the  other  counties  comprising  such  legislative 
districts  the  names  of  the  candidates  filing  such  petitions. 
The  filing  fees  received  as  above  by  the  county  auditor  shall 
be  turned  over  by  him  to  the  county  treasurer  to  be  covered 
into  the  general  fund.     [1911,  ch.  213.] 

§  5.  Names  on  primary  ballot.  How  secured.  Vacan- 
cies. How  FILED.]  Application  to  have  a  name  placed  on 
the  primary  election  ballots  for  nomination  may  be  made  by 
five  qualified  electors  for  any  office  designated  in  this  Act, 
by  presenting  the  petition  required  in  Sections  3  or  4  to  the 
proper  official,  and  paying  the  amount  required,  accompa- 
nied by  the  following  affidavit: 

State  of  North  Dakota,  ] 

[  ss. 
County  of J 

"I,   A B ,    G , 

D ,  and  E being  duly  sworn, 

each  for  himself,  deposes  and  says  that  he  is  a  qualified 
voter  in  the  state  of  North  Dakota,  that  he  hereby  makes 

application  to  have  the  name  of 

printed  on  the  primary  election  ballot  of  the partes 

for  the  office  of to  be  voted  for  at  the  primary 

election  to  be  held  on  the day  of , 

19. . . ;  that  said is  to  the  best  of  his  knowl- 
edge, information  and  belief,  a and  a  qualified 

voter  and  eligible  to  hold  the  office  of under 

the  constitution. 


"Subscribed  and  sworn  to  before  me  this day  of 

19.... 


Notary  Public,  North  Dakota. 

When  such  application  is  received  by  the  proper  officer, 
accompained  by  the  necessary  fee,  as  required  in  Sections  3 
and  4  of  this  Act,  he  shall  place  the  name  on  the  primary 


STATE  OF  NORTH  DAKOTA 211 

election  ballot  as  a  candiate  of  the  party  named  in  said 
petition;  provided,  that  such  aflidavit  and  petition  shall  not 
he  filed  without  the  written  consent  of  such  person  to  be 
nominated  endorsed  thereon;  and  provided,  further,  that 
when  the  time  has  expired  at  which  a  petition  may  be  filed, 
and  a  vacancy  exists  in  the  primary  election  ballot  of  any 
political  party  by  reason  of  no  petition  having  been  filed 
for  such  nomination,  then  and  in  that  case  the  same  may  be 
filed  by  affidavit  and  petition  as  provided  in  this  Section,  on 
the  payment  of  one-half  of  the  usual  fee,  and  such  affidavit 
and  petition  must  be  filed  with  the  proper  officers  at  least 
twenty-five  days  before  the  primary  election;  and  provided, 
further,  that  no  petition  shall  be  circulated  or  signed  more 
than  ninety  days  previous  to  the  time  when  any  petition  is 
required  to  be  filed  as  herein  provided  for,  and  any  signa- 
tures to  a  petition  secured  prior  to  ninety  days  shall  not  be 
counted.     [1913,  ch.  223.] 

§  6.  Form  of  petition.]  The  petitions  required  in 
sections  3,  4  and  5  of  this  act  may  be  one  continuous  list  of 
names  under  the  proper  title  or  principle,  or  there  may  be 
a  number  of  such  petitions  using  the  same  title,  giving  the 
aggregate  of  names  required.     [1907,  ch.  109.] 

§  7.  Nominations  by  stickers.]  A  candidate  may  bo 
nominated  by  having  his  name  written  on  or  by  printed 
stickers  placed  over  the  name  or  in  a  blank  line  left  for  that 
purpose  underneath  the  group  in  each  official  position;  but 
not  more  than  one  name  shall  be  written  or  printed  on  anv 
such  stickers.     [1907,  ch.  109.] 

§  8.  Eligibility  of  candidates.]  All  persons  nomin- 
ated in  accordance  with  the  provisions  of  this  act  shall  be 
eligible  as  candidates  to  be  voted  for  at  the  ensuing  general 
election.     [1907,  ch.  109.] 

§  9.  Ballots,  form  of.  Duties  of  judges  and  inspectors.] 
The  primary  election  and  primary  election  ballots  shall  be 
provided  for,  arranged  and  conducted  and  all  expenses  paid 
as  now  provided  by  law  for  general  elections,  except  as 
otherwise  provided  for  in  tliis  Act. 

There  shall  be  separate  ballots  for  each  party  or  princi- 
ple and  they  shall  all  be  of  the  same  size,  texture  and  color, 
except  sample  ballots,  which  shall  be  printed  on  tinted 
paper. 

The  ballot  shall  be  entitled  "Primary  Election  Ballot." 

The  names  of  all  aspirants  for  nomination  for  each  politi- 
cal party  or  principle  for  the  different  offices  shall  be  ar- 
ranged in  separate  groups  in  their  order,  on  separate  bal- 
lots under  a  proper  political  designation,  leaving  one  or 


i 


212  ELECTION  LAWS 


more  blank  lines  or  spaces  below  each  group  of  names  on 
which  may  be  written  or  placed  a  name  or  a  printed  sticker 
attached  for  the  nomination  of  the  committee.  No  squares 
shall  be  left  at  the  head  of  the  ballot. 

At  the  head  of  each  ballot  shall  be  placed  the  title  of  the 
political  party  or  principle  that  it  represents. 

At  the  left  of  each  group  shall  be  placed  the  title  of  the 
office,  followed  by  a  bracket,  indicating  the  number  of 
names  in  such  group.  Above  each  group  there  shall  be  a 
space  in  which  shall  be  printed  the  number  of  names  in  that 
group  to  be  voted  for  as  follows: 

"Vote  for name  (or  number  names)  only.  * 

Immediately  above  the  names  of  the  candidates  to  be 
voted  for  shall  be  printed  the  following: 

"To  vote  for  a  person  whose  name  is  printed  on  the  ballot 
mark  a  cross  (X)  in  the  square  at  the  right  of  the  name  of 
the  person  for  whom  you  desire  to  vote. 

"To  vote  for  a  person  whose  name  is  not  printed  on  the 
ballot,  write  or  paste  his  name  in  the  blank  space  provided 
for  that  purpose." 

Each  ballot  shall  contain  two  columns,  and  each  column 
is  to  have  as  nearly  as  possible  the  same  number  of  names 
of  candidates  thereon,  except  that  no  groups  or  spaces  be- 
neath any  group  shall  be  divided,  and  the  candidates  for  the 
various  offices  shall  appear  upon  the  ballot  in  the  followin,^ 
order,  commencing  at  the  column  to  the  left,  viz: 

Congressional — 

United  States  Senator Vote  for  one 

Representatives  in  congress district Vote  for 

State  Officers — 

Governor Vote  for  one 

Lieutenant  governor Vote  for  one 

Secretary  of  State Vote  for  one 

State  Auditor Vote  for  one 

State  Treasurer Vote  for  one 

Superintendent  of  Public  Instruction Vote  for  one 

Attorney  General Vote  for  one 

Commissioner  of  Insurance Vote  for  one 

Commissioner  of  Agriculture  and  Labor Vote  for  one 

Commissioner  of  Railroads Vote  for  three 

Legislative — 

State  Senator District Vote  for  one 

Members  of  House  of  Representatives Vote  for. . . . 


I 


] 

I 


STATE  OF  NORTH  DAKOTA 213 

County  Officers — 

Sheriff Vote  for  one 

Auditor Vote   for  one 

Treasurer Vote  for  one 

Clerk  of  District  Court Vote  for  one 

Register  of  Deeds Vote  for  one 

State's  Attorney Vote  for  one 

County  Judge 1 Vote  for  one 

Superintendent  of  Schools Vote  for  one 

Public  Administrator Vote  for  one 

County  Surveyor Vote  for  one 

County  Coroner Vote  for  one 

County   Commissioner district Vote   for 

County  Constable Vote  for. . .  - 

A  square  shall  be  placed  following  the  name  to  the  right 
of  every  candidate  and  the  voter  shall  place  a  cross  (X)  in 
such  square  following  the  name  of  each  person  he  desires  to 
vote  for. 

The  judges  and  inspectors  of  election  when  handing  a 
ballot  to  a  voter  shall  inform  him  that  he  must  vote  for  the 
candidates  of  the  political  party  such  ballot  represents  only, 
and  the  voter  shall  call  for  the  ballot  representing  the  party 
or  principle  with  which  he  affiliates  and  he  shall  receive  such 
ballot  and  no  other.     [1913,  ch.  222.] 

§  10.  Must  vote  party  ballot.]  Any  citizen  otherwise 
eligible  by  law,  affiliated  with  or  representing  the  principles 
enumerated  in  the  national  platform  of  the  following  par- 
ties, are  eligible  to  nomination  under  this  act.  The  republican 
party,  the  democratic  party,  or  any  party  designation  that 
oast  5  per  cent  of  the  votes  cast  for  governor  at  the  last  gen- 
eral election,  and  it  shall  be  unlawful  for  any  person  to  call 
for  or  vote  a  ballot  at  the  primary  election  herein  provided 
for,  except  a  ballot  representing  the  party  or  principle  with 
which  he  affiliates,  and  any  person  who  has  reason  to  be- 
lieve that  the  ballot  called  for  by  the  voter  does  not  repre- 
sent the  party  or  principle  with  which  said  voter  affiliates, 
may  challenge  such  vote,  and  he  shall  not  be  entitled  to  cast 
his  ballot  unless  he  makes  and  files  with  the  inspector  of 
such  primary  election  an  affidvit  to  the  effect  that  such  bal- 
lot represents  the  political  party  with  which  he  affilates. 
[1907,  ch.  109.] 

§  11.  Vacancies  filed  by  party  committees.  Should 
a  vacancy  occur  in  any  of  the  offices  for  which  nominations 
are  made  under  this  act  by  reason  of  resignation  or  death, 
where  there  is  only  one  aspirant  for  such  office,  before  the 
printing  of  the  primary  election  ballot  such  vacancy  may  be 


214  ELECTION  LAWS 


filled  by  the  regularly  constituted  committee  of  the  party  to 
which  such  vacancy  belongs,  and  no  petition  nor  fee  shall 
be  required.    [1907,  ch.  109.] 

§  12.  Percentages  of  votes  required  for  nominations.] 
If  the  total  vote  cast  for  any  party  candidate  or  candi- 
dates for  any  office  for  which  nominations  are  herein 
provided  for,  shall  equal  less  than  25  per  cent  of  the 
average  total  number  of  votes  cast  for  governor,  secre- 
tary of  state  and  attorney  general  of  the  political  party, 
he  or  they  represented  at  the  last  general  election,  then 
no  nomination  shall  be  made  in  that  party  for  such 
office,  but  it  (if)  25  per  cent  or  more  of  such  party  vote  is 
cast  and  there  is  more  than  one  candidate  for  any  such 
office,  the  person  receiving  the  highest  number  of  votes  shall 
be  declared  the  nominee  of  such  party  for  such  office;  pro- 
vided further  that  where  there  is  more  than  one  person  to 
be  elected  to  the  same  office  the  persons  to  the  number  to 
be  elected  receiving  the  highest  number  of  votes  cast  foi' 
such  office  shall  be  declared  the  nominee  of  the  party  for 
such  offices.     [1913,  ch.  222.] 

§  13.  Nominations  for  united  states  senator.]  Party 
candidates  for  the  office  of  United  States  senator  shall  be 
nominated  in  the  manner  herein  provided  for  nominations 
of  candidates  for  state  officers. 

The  candidate  receiving  the  highest  number  of  votes  at 
such  primary  election  shall  be  the  nominee  of  his  party  for 
the  office  of  United  States  senator,  at  the  succeeding  session 
of  the  legislative  assembly  which  is  to  elect  a  United  States 
senator.  The  votes  for  candidates  for  United  States  senator 
shall  be  canvassed  and  returned  in  the  same  manner  as  the 
votes  cast  for  state  officers. 

It  is  hereby  made  the  duty  of  the  secretary  of  state  to  cer- 
tify to  the  next  session  of  the  legislative  assembly  the  name 
of  the  candidate  of  each  party,  who  receives  the  highest 
number  of  votes  for  the  office  of  United  States  senator. 
[1911,  ch.  207.] 

§  14.  Ballots,  how  prepared.]  The  primary  election 
ballot  shall  be  prepared,  unless  otherwise  provided  in  this 
act,  as  defined  in  sections  614  and  616  of  the  revised  codes  of 
1905.     [1907,  ch.  109.] 

§  15.  Arrangement  of  names  on  ballot.]  The  names 
of  candidates  for  each  office  upon  the  sample  ballot  shall  be 
arranged  alphabetically,  according  to  surnames.  The  names 
of  candidates  under  headings  designating  each  official  posi- 
tion shall  be  alternated  on  the  official  ballot  in  the  printing, 
in  the  following  manner,  viz. : 


STAtE  OF  NORTH  DAKOTA 215 

First:  The  forms  shall  be  set  up  with  the  names  in  the 
order  in  which  they  are  placed  upon  the  sample  ballots  pre- 
pared by  the  secretary  of  state  for  the  state  and  district  offi- 
ces, and  by  the  county  auditor  for  the  county  offices. 

In  printing  each  set  of  official  ballots  for  the  various  elec- 
tion precincts  the  position  of  the  names  shall  be  changed  in 
each  office  division  as  many  times  as  there  are  candidates  in 
the  office  division  or  group  in  which  there  are  the  most 
names. 

As  nearly  as  possible  an  equal  number  of  tickets  shall  be 
printed  after  each  change. 

In  making  the  changes  of  position  the  printer  shall  take 
the  line  of  type  at  the  head  of  each  office  divsion  and  place 
it  at  the  bottom  of  that  divsion,  shoving  up  the  columns  so 
that  the  name  that  was  second  before  the  change  shall  be 
first  after  the  change. 

After  the  ballots  are  printed,  before  being  cut,  they  shall 
be  kept  in  separate  piles  for  each  change  of  positions,  and 
shall  then  be  piled  by  taking  one  from  each  pile  and  placing 
it  upon  the  other  pile  to  be  cut,  the  intention  being  that 
every  other  ballot  in  the  pile  of  printed  sheets  shall  have 
names  in  different  positions. 

After  the  piles  are  made  in  this  manner  they  shall  be  cut 
and  placed  in  blocks  as  provided  by  the  general  election 
laws.     [1907,  ch.  109.] 

§  16.  List  of  officers  to  be  nominated.]  The  secre- 
tary of  state  between  the  first  day  of  April  and  the  first  day  of 
May  in  such  year,  shall  direct  and  cause  to  be  delivered  to  the 
county  auditor  of  each  county,  a  notice  specifying  the  offi- 
cers to  be  nominated  under  this  act,  whose  term  of  office 
will  expire  between  the  first  Monday  in  December  and  the 
first  Monday  in  March,  next  succeeding,  also  specifying  tHe 
several  officers  to  be  nominated  in  such  county  at  the  next 
primary  election.  The  auditor  to  whom  such  notice  is  de- 
livered shall  cause  notice  of  the  same  to  be  given  as  provid- 
ed in  section  637  of  the  revised  codes  of  1905.    [1907,  ch.  109.] 

§  17.  Provisions  of  election  law  applicable.]  Ex- 
cepting as  herein  otherwise  provided,  the  following  sections 
of  chapter  8  of  the  political  code  of  1905,  entitled  "Elections,*' 
are  hereby  made  applicable  to  primary  elections  and  pri- 
mary election  ballots,  under  this  act,  to-wit:  605,  606,  607, 
608,  609,  610,  611,  613,  614,  615,  616,  619,  620,  621,  622,  623, 
624,  630,  635,  638,  639,  640,  641,  642,  643,  644,  645,  646,  647, 
648,  649,  650,  654,  655,  656,  657,  658,  659,  660,  669,  671,  672, 
673,  674,  681,  682,  683,  684,  685,  686,  687,  688,  689,  690,  691. 
692,  693,  649,  695,  696,  697,  698,  699  and  700.     [1907,  ch.  109.J 


216  ELECTION  LAWS 


§  18.  Tally  books.  Arrangement  of  names.]  Two 
tally  books  or  two  sets  of  tally  sheets  shall  be  provided  for 
each  political  party  or  principle,  having  candidates  to  be 
voted  for,  at  each  voting  precinct,  the  same  to  be  furnished 
by  the  county  auditor,  at  the  same  time  and  in  the  same 
manner  that  the  poll  books  and  ballots  are  furnished.  The 
names  of  the  candidates  shall  be  placed  on  the  tally  sheets 
in  the  order  in  which  they  appear  on  the  official  sample  bal- 
lot, and  in  each  case  shall  have  the  proper  party  designation 
at  the  head  thereof.     [1907,  ch.  109.] 

§  19.  Polls,  open  when..  Canvass.]  The  polls  shall 
be  opened  at  8  o'clock  a.  m.  and  remain  open  continuously 
until  5  p.  m.  When  the  polls  are  closed  the  judges  and  in- 
spectors of  such  primary  election  shall  open  the  ballot  boxes, 
count  the  votes  and  compare  the  same  with  the  clerk's  lists, 
and  should  any  irregularity  appear  they  shall  proceed  as 
now  provided  by  law.  When  the  ballots  compare  with  the 
clerk's  lists,  they  shall  proceed  to  canvass  and  place  those  of 
each  political  party  in  separate  piles.  The  tally  of  the  votes 
shall  be  separate  for  each  political  designation  or  principle 
and  so  returned  by  the  judges  and  inspectors  of  election, 
giving  the  full  vote  for  every  candidate.  The  men's  and 
women's  votes  shall  be  kept  separately  and  so  returned  by 
the  judges.  The  county  canvassing  board  shall  aggregate 
these  for  the  candidates  voted  for.     [1907,  ch.  109.] 

§  20.  Returns.]  The  judges  of  such  primary  election 
in  each  precinct  shall  make  a  statement  on  blanks  to  be 
provided  for  that  purpose,  which  shall  be  subscribed  by 
them  and  filed  in  the  office  of  the  county  auditor  with  the 
returns  as  follows:  They  shall  contain  the  names  of  all 
persons  voted  for  at  the  primary  election,  with  the  number 
of  votes  cast  for  each  candidate  and  for  what  office.  A  sep- 
arate statement  shall  be  made  for  each  political  party  or 
principle.     [1907,  ch.  109.] 

§  21.  Poll  list  delivered  to  boards  of  registration.] 
Clerks  of  primary  election  shall  keep  a  list  of  the  names  of 
all  persons  voting  at  said  election,  and  shall  return  one  list 
as  now  required  and  one  tally  sheet  shall  be  a  part  of  the 
record,  and  deliver  the  other  list  to  the  board  of  registration 
within  thirty  days  following  any  primary  election.  No  reg- 
istration of  voters  shall  be  required  under  his  act  to  vote  at 
any  primary  election.  The  poll  list  so  kept  at  a  primary 
election  and  delivered  to  the  board  of  registration  shall  tak:i 
the  place  of  the  first  registration  of  the  voters  now  required, 
and  notice  only  shall  be  given  of  the  date  of  the  second  day 
of  registration,  which  shall  be  held  and  conducted  as  now 


STATE  OF  NORTH  DAKOTA 217 

provided;  and  no  other  shall  be  required  to  vote  at  the  gen- 
eral election  following.  [1907,  eh.  109.] 

§  22.  County  canvassing  board.]  The  county  can- 
vassing  board  shall  be  composed  of  the  clerk  of  the  district 
court,  county  auditor,  chairman  of  the  board  of  county  com- 
missioners and  the  chairinan  of  the  county  committees  of 
the  two  political  parties  that  cast  the  highest  votes  for  gov- 
ernor at  the  preceding  general  election.  The  members  of 
said  board  shall  meet  in  the  county  auditor's  office  in  the 
court  house  at  10  o'clock  on  the  eighth  day  after  any  pri- 
mary election,  and  shall  proceed,  after  taking  the  usual  oath 
of  office,  to  open  and  publicly  canvass  the  primary  election 
returns  made  to  the  county  auditor.  Any  three  members  of 
said  board  shall  constitute  a  quorum,  and  are  authorized  to 
make  the  canvass  therein  provided  and  to  certify  to  the  re- 
sults thereof.     [1907,  ch.  109.] 

§  23.     Statement    of    canvassing    board.       Contents.] 
The  canvassing  board  shall  make  and  prepare  a  statement, 
the  same  to  be  signed  by  said  board  and  filed  in  the  office  of 
the  county  auditor,  as  follows: 

First.  A  statement  containing  the  names  of  all  candidates 
voted  for  at  the  primary  election,  with  the  number  of  votes 
received  by  each  and  for  what  office,  said  statement  to  be 
made  as  to  each  political  party  or  principle  separately. 

Second.  A  statement  of  the  names  of  the  persons  or  can- 
didates of  each  political  party  who  are  nominated,  to-wit. 
Those  persons  or  candidates  of  such  political  party  or  prin- 
ciple who  received  the  highest  number  of  votes  for  the  re- 
spective office,  and  where  there  is  more  than  one  person  to 
be  elected  to  a  given  office  at  the  ensuing  general  election 
there  shall  be  included  in  said  statement  of  nomination  the 
names  of  so  many  candidates  of  such  party  receiving  the 
next  highest  number  of  votes  for  that  office  as  there  are 
persons  to  be  elected  to  such  office  at  said  ensuing  general 
election.  Said  statement  shall  in  like  manner  be  made  sep- 
arately as  to  each  political  party. 

Third.  A  statement  of  the  whole  number  of  electors  reg- 
istered and  the  number  of  ballots  cast,  men  and  women 
separately,  at  such  primary  election. 

Fourth.  A  separate  statement  shall  be  made  of  the  votes 
cast  for  United  States  senator,  member  of  congress,  state 
officers,  judges  of  the  supreme  and  district  court  and  mem- 
bers of  the  legislative  assembly,  which  shall  be  transmitted 
to  the  secretary  of  state  as  provided  in  this  act. 

Fifth.  It  shall  be  the  duty  of  the  county  auditor  upon 
the  completion  of  the  canvass  to  mail  or  deliver  in  person 


218  ELECTION  LAWS 


to  each  candidate  so  nominated  for  any  county  or  district 
office  a  notice  of  such  fact  and  that  his  name  will  be  put 
upon  the  official  ballot,  except  as  otherwise  provided.  He 
shall  also  cause  a  copy  of  the  findings  of  said  board  to  be 
published  in  the  official  newspaper  of  the  county.     [1907,  ch. 

§  24.  Abstract  of  votes  transmitted  to  secretary  of 
STATE.]  It  shall  be  the  duty  of  the  county  auditor  of  each 
county,  under  his  official  seal,  excepting  as  provided  in  sec- 
tion 25  of  this  act,  to  return  to  the  secretary  of  state  on  or 
before  the  first  Tuesday  of  August  following  any  primary 
election,  a  certified  abstract  under  separate  political  desig- 
nation or  principle,  of  the  number  of  votes  cast  in  his  county 
for  every  candidate  for  nomination  for  United  States  sen- 
ator, member  of  congress,  state  officers,  judges  of  the  su- 
preme and  district  courts  and  members  of  the  legislative 
assembly.  He  shall  seal  up  such  abstracts  and  without  de- 
lay transmit  them  to  the  secretary  of  state  by  registered 
mail.     [1907,  ch.  109.] 

§  25.  Two  OR  MORE  COUNTIES  IN  DISTRICT.]  When  two 
or  more  counties  are  embraced  in  one  legislative  district 
the  respective  county  auditors  shall  attend  at  the  office  of 
the  county  auditor  of  the  senior  county  of  such  district, 
within  fifteen  days  after  a  primary  election,  and  in  con- 
junction with  the  auditor  of  the  senior  county  shall  com- 
pare the  votes  cast  in  the  several  counties  comprising  such 
district  and  such  auditors  shall  immediately  make  out  cer- 
tificates of  nomination  for  the  persons  of  each  political 
party  or  principle  having  the  highest  number  of  votes  in 
such  district  for  members  of  the  legislative  assembly,  as 
provided  in  section  24  of  this  act,  which  certificates  of  nom- 
ination shall  be  forwarded  without  delay  to  the  secretary 
of  state  by  registered  mail  by  the  county  auditor  of  the 
senior  county,  who  shall  give  notice  in  writing  to  all  the 
members  of  the  legislative  assembly  nominated  in  such 
district.     [1907,  ch.  109.] 

§  26.  State  board  of  canvassers.]  For  the  purpose 
of  canvassing  and  ascertaining  the  result  of  any  primary 
election  the  state  board  of  canvassers  shall  meet  at  the  of- 
fice of  the  secretary  of  state  on  the  first  Tuesday  in  Septem- 
ber next  following  a  primary  election,  and  be  composed  of 
the  following  members,  viz.:  Clerk  of  the  supreme  court, 
secretary  of  state,  superintendent  of  public  instruction  and 
the  chairman  of  the  state  central  committee  of  the  two  poli- 
tical parties  that  cast  the  highest  votes  for  governor  at  the 
last  general  election.  After  taking  the  usual  oath  of  office 
the  said  board  shall  proceed  to  open  and  publicly  canvass 


STATE  OF  NORTH  DAKOTA 219 

the  primary  election  returns  made  by  the  several  county 
auditors.  Three  members  of  said  board  shall  constitute  a 
quorum  and  are  authorized  to  make  the  canvass  herein 
provided  and  to  certify  to  the  result  thereof.     [1907,  ch.  109.1 

§  27.  Statement  by  state  board  ]  The  state  board 
of  canvassers  shall  make  and  prepare  a  statement,  the 
same  to  be  signed  by  said  board  and  filed  in  the  ofiice  of 
the  secretary  of  state  as  provided  in  subdivisions  1,  2  and 
3  of  section  23  of  this  act.  It  shall  be  the  duty  of  the  secre- 
tary of  state  upon  the  completion  of  the  canvass  to  mail  to 
each  candidate  so  nominated  a  notice  of  such  fact,  and  that 
his  name  will  be  put  upon  the  othcial  ballot  to  be  voted  for 
at  the  ensuing  general  election,  except  as  otherwise  pro- 
vided. He  shall  cause  a  copy  of  findings  of  the  said  board 
to  be  filed  in  his  office  and  published  in  a  newspaper  print- 
ed at  the  seat  of  government.     [1907,  ch.  109.] 

§  28.  Official  ballot,  names  placed  thereon.]  The 
secretary  of  state  shall  place  the  names  of  all  the  candi- 
dates of  each  political  party  or  principle,  who  are  shown  to 
have  been  nominated  for  the  respective  offices  in  accord- 
ance with  the  certificates  of  nomination  received  from  the 
several  county  auditors  of  this  state  on  the  official  ballot  to 
be  voted  for  at  the  general  election  following.  [1907,  ch. 
J  09." 


I 


Vacancies,  how  filled.]  When  there  is  but 
one  aspirant  and  a  vacancy  occurs  by  death  or  resignation 
of  such  aspirant  for  nomination  before  the  primary  election 
and  ballots  are  printed  in  legislative  districts  containing 
more  than  one  county,  the  chairman  of  the  party  in  which 
such  vacancy  occurs,  of  each  county  committee  of  the  coun- 
ties of  which  such  district  is  composed  and  the  members  of 
the  state  central  committee  from  that  legislative  district 
shall  meet  and  by  a  majority  vote  of  such  shall  fill  such 
vacancy  and  by  a  certificate  of  nomination  notify  the 
county  auditors  of  the  several  counties  of  which  such  dis- 
trict is  composed,  and  the  auditors  of  such  counties  shall 
place  the  name  on  the  primary  election  ballot  where  the 
vacancy  exists.  Should  a  vacancy  occur  in  a  legislative  of- 
fice in  a  county  compds^d  of  more  than  one  district,  or  in  a 
commissioner's  district,  then  the  county  central  committee 
of  the  party  in  which  such  vacancy  occurs  shall  meet  and 
fill  such  vacancy.  On  receipt  of  a  certificate  of  nomination 
from  said  committee,  the  county  auditor  shall  place  the 
name  of  such  nominee  upon  the  primary  election  ballot 
where  such  vacancy  exists.     [1907,  ch.  109.] 


220  ELECTION  LAWS 


§  30.  Errors,  how  corrected.]  Whenever  it  shall  be 
made  to  appear  by  af!idavit  to  the  supreme  court  or  to  the 
district  court  of  the  proper  county  that  an  error  or  omissio  i 
has  occurred,  or  is  about  to  occur  in  the  placing  of  any 
name  on  an  official  primary  election  ballot;  that  any  error 
has  been  or  is  about  to  be  committed  in  printing  such  bal- 
lot, or  that  any  wrongful  act  has  been  or  is  about  to  be 
done  by  any  judge  or  clerk  of  a  primary  election,  county 
auditor,  canvassing  board,  member  thereof,  or  other  per- 
son charged  with  any  duty  concerning  the  primary  election, 
or  that  any  neglect  of  duty  has  occurred  or  is  about  to 
occur,  such  judge  shall  order  the  officer  or  person  charged 
with  such  error,  wrong  or  neglect,  to  forthwith  correct  the 
error,  desist  from  the  wrongful  act,  or  perform  the  duty, 
or  show  cause  at  a  time  and  place  to  be  fixed  by  the  court 
why  he  should  not  do  so.  Failure  to  obey  the  order  of  sucJi 
judge  shall  be  contempt  of  court.     [1907,  ch.  109.] 

§  31.  Nominations,  how  contested.  Appeal.]  An^^ 
candidate  at  a  primary  election  desiring  to  contest  the 
nomination  of  another  candidate  or  candidates  for  the 
same  office,  may  proceed  by  affidavit  within  ten  days  after 
the  completion  of  the  canvass.  In  case  the  contestant  set 
forth  in  his  affidavit,  upon  information  and  belief,  that  the 
ballots  in  any  precinct  have  not  been  correctly  counted, 
and  that  he  has  been  prejudiced  thereby,  the  judge  shall 
make  an  order  requiring  the  custodian  of  such  ballots  to 
appear  before  him  at  such  time  and  place,  and  abide  the 
further  order  of  the  court.  At  the  time  and  place  stated, 
the  ballot  boxes  shall  be  opened  and  the  ballots  recounted 
in  the  presence  of  the  court.  If  it  should  be  found  that  a 
mistake  has  been  made  in  counting  such  ballots,  then  the 
contestant  shall  be  permitted  upon  application  to  amend 
his  affidavit  of  contest  by  including  such  additional  facts 
therein. 

All  testimony  and  depositions  taken  in  contests  brought 
under  the  provisions  of  this  article  shall  be  taken  in  the 
same  manner  as  in  civil  actions  and  depositions  may  be 
taken  in  more  than  one  place  at  the  same  time  on  leave  of 
the  court,  and  all  matters  relating  to  such  contests  shall  be 
heard  and  tried  as  nearly  as  may  be  as  civil  actions  are 
tried,  except  as  otherwise  provided  herein.  The  court  shall 
make  its  findings  of  fact  and  conclusion  of  law.  Appeals 
from  final  judgment  and  decisions  of  such  contests  may  be 
taken  without  making  a  motion  for  a  new  trial  in  the  dis- 
trict court  in  the  manner  provided  for  in  the  code  of  civil 
procedure,  except  that  the  undertaking  on  appeal  shall  be 
in  a  sum  to  be  fixed  by  the  judge,  not  less  than  five  hundred 


STATE  OF  NORTH  DAKOTA 221 

dollars,  and  shall  be  approved  by  the  judge  and  by  the 
clerk  of  the  district  court  of  the  proper  county  or  subdi- 
vision under  the  directions  of  the  judge. 

Appeals  to  the  supreme  court  under  the  provisions  of 
this  article  must  be  taken  within  ten  days  after  notice  of 
entry  of  final  judgment  and  the  party  appealing  must  im- 
mediately procure  the  trnsmission  of  the  record  on  such 
appeal  to  the  clerk  of  the  supreme  court  and  such  appeal 
may  be  brought  on  for  a  hearing  before  the  supreme  court 
at  any  time  such  court  shall  be  in  session,  upon  five  dayti 
notice  from  either  party;  and  the  same  shall  be  heard,  and 
determined  in  a  summary  manner,  except  as  otherw^ise 
provided  in  this  article.  The  provisions  of  the  code  of  civil 
procedure  are  applicable  to  and  constitute  the  rules  of 
practice  in  the  proceedings  mentioned  in  this  article  and 
the  provisions  of  the  civil  code  of  procedure  relative  to  ap- 
peals in  civil  actions,  except  in  so  far  as  they  are  inconsist- 
ent herewith,  applv  to  the  proceedings  mentioned  in  this 
article.    [1907,  ch.  109.] 

§  32.  Present  election  statutes  apply.]  The  pro- 
visions of  the  statute  now  in  force  in  relation  to  the  holding 
of  elections,  the  solicitation  of  votes,  the  manner  of  con- 
ducting elections,  of  counting  ballots  and  making  retura 
thereof,  and  all  other  kindred  subjects  shall  apply  to  all 
primaries  in  so  far  as  they  are  consistent  with  this  act;  the 
intent  of  this  act  being  to  place  the  primary  election  under 
the  regulation  and  protection  of  the  laws  now  in  force  as  to 
election.     [1907,  ch.  109.] 

§  33.  Tie  vote,  determined  how.]  In  case  of  a  tic 
vote  the  same,  shall  be  determined  by  the  canvassing  board 
or  boards  concerned,  at  a  time  and  place  fixed  by  them  in 
such  manner  as  they  may  designate  in  the  presence  of  the 
candidates,  upon  at  least  five  days  notice  to  such  candi- 
dates.    [1907,  ch.  109.] 

§  34.  Not  repealed.]  Nothing  herein  contained  shall 
be  construed  as  repealing  or  being  in  conflict  with  section 
501  of  the  revised  codes  of  1905.     [1907,  ch.  109.] 

§  35.  Fees  paid  county.]  All  fees  paid  to  the  secre- 
tary of  state  by  candidates  for  the  legislative  assembly 
shall  be  paid  by  the  secretary  of  state  forthwith  to  the  vari- 
ous county  auditors  in  the  state  where  such  candidates  re- 
side and  in  case  any  legislative  district  is  composed  of 
more  than  one  county  such  fee  shall  be  paid  to  such  coun- 
ties in  equal  proportions,  which  fees  are  to  be  turned  into 
the  general  fund  of  said  county  by  the  auditor.  [1907,  ch. 
109.]  ^ 


i 


222  ELECTION  LAWS 


§  36.  Act  valid.]  In  case  any  of  the  provisions  of 
this  act  should  be  declared  unconstitutional,  that  shall  not 
affect  the  validity  of  any  of  the  other  provisions  of  this  act. 
[1907,  ch.  109.] 

§  37.  Penal  code  applicable.]  All  of  the  provisions 
of  chapter  5  of  the  penal  code  in  so  far  as  the  same  relates 
to  crimes  against  the  elective  franchise,  are  hereby  made 
applicable  to  elections  held  pursuant  to  the  provisions  of 
this  act.     [1907,  ch.  109.] 

§  38.  Present  committees  continue.]  Every  state, 
county,  district  and  city  committee  of  each  political  party 
now  eligible  under  the  provisions  of  this  act  shall  remain 
the  regularly  constituted  committee  of  the  respective  par- 
ties until  succeeded  as  provided  for  in  this  act.  ]1907,  ch. 
109.] 

§  39.  Precinct  committeemen.  How  elected.]  At  the  pri- 
mary each  voter  may  write  in  the  space  left  on  his  ticket  for 
that  purpose  the  name  of  one  qualified  elector  who  is  a  mem- 
ber of  his  own  party  and  a  resident  of  his  precinct,  and  the 
one  receiving  the  highest  number  of  votes  shall  be  the  pre- 
cinct committeeman.  The  official  returns  made  by  the  elec- 
tion board  from  each  precinct  shall  show  the  name  and  ad- 
dress of  such  precinct  committeeman  thus  chosen  by  each 
party.  Upon  the  canvass  of  the  returns  the  countj^  auditor 
shall  immediately  notify  in  writing  each  precinct  committee- 
man so  selected,  together  with  those  provided  for  in  section 
40  of  this  act,  of  their  selection  and  the  date  of  the  meeting 
of  the  county  central  committee.    [1911,  ch.  211.] 

§  40.  County  and  state  committee.  How  selected.  Time 
AND  PLACE  OF  MEETING.]  The  county  Committee  of  each  party 
shall  be  composed  of  all  the  precinct  committeemen  of 
each  party  in  addition  to  committeemen  chosen  at  large  by 
the  following  named  county  nominees  of  each  party,  select- 
ed in  the  following  manner,  to-wit:  The  nominees  for  the 
following  county  offices,  namely:  Clerk  of  court,  county 
treasurer,  county  auditor,  register  of  deeds,  sheriff,  states 
attorney,  superintendent  of  schools  and  county  judge,  and 
the  legislative  nominees  residing  in  such  county  shall  be 
entitled  to  select  and  appoint  in  writing  one  committeeman 
at  large,  which  appointment  shall  be  immediately  filed  with 
the  county  auditor.  The  committeeman  thus  appointed,  to- 
gether with  the  precinct  committeemen  elected  as  pre- 
scribed in  section  39  hereof,  shall  constitute  the  county  com- 
mittee of  each  county,  and  they  shall  meet  in  the  court 
house  at  the  county  seat  of  each  county  at  two  o'clock  P. 
M.,  on  the  third  Wednesday  after  each  primary  election 


STATE  OF  NORTH  DAKOTA 223 

and  organize  by  selecting  a  chairman,  a  secretary  and  ^ 
treasurer,  by  adopting  rules  and  modes  of  procedure,  and 
by  selecting  an  executive  committee  consisting  of  from  five 
to  nine  persons  chosen  from  the  county  committee,  of 
which  executive  committee  the  chairman  and  secretarj'- 
shall  be  members.  Such  county  committee  shall  at  the 
same  time  select  one  person  who  shall  be  a  legal  voter  to 
act  upon  and  be  a  member  of  the  state  central  committee 
of  such  party  in  all  counties  consisting  of  one  legislative 
district,  and  in  counties  having  more  than  one  legislative 
district,  the  precinct  committeemen  from  each  legislative 
district  shall  select  one  person  from  their  respective  legis- 
lative district;  and  when  two  or  more  counties  are  em- 
braced in  one  legislative  district;  and  the  county  committee 
of  each  county  shall  meet  at  the  court  house  of  the  count}'^ 
seat  of  the  senior  county  of  such  district  at  two  o'clock  P.  M., 
on  the  fourth  Wednesday  after  such  primary  election,  and 
select  one  person,  who  shall  be  a  legal  voter,  to  act  upon 
and  be  a  member  of  the  state  central  committee  of  such 
party.  The  members  so  selected  as  state  central  commit- 
teemen shall  meet  at  the  state  capitol  on  the  first  Wednes- 
day in  September  and  organize  by  selecting  a  chairman,  a 
secretary  and  treasurer,  and  shall  adopt  rules  and  modes 
of  procedure  and  promulgate  and  publish  a  platform  Ox' 
principle  upon  which  its  candidates  shall  stand.  Each 
member  of  any  committee  shall  retain  such  position  until 
his  successor  is  chosen.  Every  member  so  selected  shall  be 
a  legal  voter.  Vacancies  shall  be  filled  by  a  majority  of  the 
committee  by  appointment  from  the  district  in  which  such 
vacancy  exists.     [1911,  ch.  211.] 


I 


224  ELECTION  LAWS 


ELECTION  PRIVILEGES 

§  1.  Primary  campaign  expenses  limited.]  No  sum  of 
money  shall  be  paid,  and  no  expenses  authorized  or  incurred 
by  or  on  belialf  of  any  candidate  to  be  paid  by  him,  except 
sucli  as  he  may  pay  to  the  slate  for  printing,  as  herein  pro- 
vided, in  his  campaign  for  nomination  to  any  public  office 
or  position  in  this  state,  in  excess  of  fifteen  (15)  per  cent  of 
a  year's  compensation  or  salary  of  the  office  for  which  he  is 
a  candidate;  provided,  that  no  candidate  shall  be  restricted 
to  less  than  two  hundred  ($200.00)  in  his  campaign  for  such 
nomination;  provided,  that  the  provisions  of  this  act  shall 
not  be  construed  to  apply  to  the  candidate's  personal  travel- 
ing expenses.  No  sum  of  money  shall  be  paid  and  no  ex- 
penses authorized  or  incurred  contrary  to  the  provisions  of 
this  act,  for  or  on  behalf  of  any  candidate  for  nomination. 
[1911,  ch.  129.] 

§  2.  Publicity  pamphlet.  Candidates'  statements.]  Any 
candidate  for  nomination  to  any  state  or  district  office,  when 
the  district  is  composed  of  one  or  more  counties,  may  file 
with  the  secretary  of  state  for  publication  as  herein  provided, 
not  later  than  forty  (40)  days  before  the  biennial  primary 
nominating  election,  with  his  portrait  cut  if  he  wishes,  a 
printed  or  typewritten  statement,  on  the  conditions  set  fc^rth, 
over  his  signature,  stating  the  reasons  why  he  should  be  nom- 
inated. Each  candidate  shall  be  allowed  one  (1)  page  of 
printed  matter,  and  those  opposing  him  shall  each  be  allowed 
one  page  of  space  on  equal  terms  with  him,  as  herein  pro- 
vided.    [1911,  ch.  129.] 

§  3.  Rates.]  Candidates  for  nomination  shall  pay  for  one 
page  of  space  in  the  publication  herein  provided  for  as  fol- 
lows: For  the  office  of  United  States  senator,  one  hundred 
dollars;  for  representative  in  congress,  one  hundred  dollars; 
for  justice  of  the  supreme  court,  seventy-five  dollars;  for 
governor,  one  hundred  dollars;  for  secretary  of  state,  one 
hundred  dollars;  for  state  treasurer,  one  hundred  dollars; 
for  state  auditor  one  hundred  dollars;  commissioner  of  in- 
surance, superintendent  of  public  instruction,  attorney 
general  and  commissioner  of  labor,  each  seventy-five 
dollars;  for  railroad  commissioner  twenty-five  dol- 
lars; for  senator  or  representative  in  the  legislative  assembly, 


STATE  OF  NORTH  DAKOTA 225 

ten  dollars;  for  district  judge,  fifty  dollars;  for  county  judge, 
register  of  deeds,  county  auditor,  county  treasurer,  state's 
attorney,  sheriff  and  county  school  superintendent,  each 
twenty-five  dollars.  All  payments  required  by  this  section 
shall  be  made  to  the  secretary  of  state  when  the  statement  is 
offered  to  him  for  filing,  and  be  by  him  paid  into  the  general 
fund  of  the  state  treasury.  Any  candidate  for  state  offices 
may  have  additional  space,  not  exceeding  three  pages,  at  the 
rate  of  one  hundred  dollars  a  page,  and  any  candidate  for 
county  or  legislative  office  may  have  additional  space  not  ex- 
ceeding two  pages,  at  the  rate  of  twenty-five  ($25.00)  dollars 
a  page.     [1911,  ch.  129.] 

§  4.  Printing  statements.]  Not  later  than  thirty  days 
before  the  primary  nominating  election  the  secretary  of  state 
shall  properly  complete,  edit,  prepare,  and  index  for  print- 
ing all  such  statements  and  portrait  cuts  and  cause  the  same 
to  be  printed  in  pamphlet  form,  printing  and  pictures  of 
candidates  with  and  as  a  part  of  their  several  statements, 
where  such  portrait  cuts  are  offered;  statements  of  those  who 
directly  oppose  any  candidate  shall  follow  next  after  his 
statement.  All  of  the  statements  filed  for  and  against  all  the 
candidates  for  nomination  to  each  office  shall  be  printed  in 
the  order  in  which  the  candidates'  names  are  grouped  under 
the  title  of  their  offices  on  the  official  ballot  at  the  nominating 
election.  No  picture,  statement  or  argument  for  or  against 
any  candidate  for  nomination  shall  be  included  in  the  copy 
of  the  pamphlet  going  to  any  county  where  such  candidate  is 
not  to  be  voted  for.  The  said  pamphlets  shall  be  printed  and 
delivered  to  the  secretary  of  state  as  quickly  as  possible  and 
the  delivery  shall  be  completed  not  less  than  twenty  (20) 
days  before*^  the  nominating  election.    [1911,  ch.  129.] 

§  5.  Addresses  of  voters.]  The  several  county  auditors 
shall  obtain  the  post  office  addresses  of  all  voters  in  their  re- 
spective counties  w^hich  shall  be  taken  from  the  registration 
lists  in  case  of  party  registration,  and  in  case  no  party  reg- 
istration then  such  addresses  may  be  procured  from  the  per- 
sonal property  tax  books  of  that  year  and  other  authentic 
source,  and  on  or  before  the  thirtieth  (30th)  day  preceding 
the  nominating  election,  mail  to  the  secretary  of  state  the 
name,  post  office  address  and  party  registration  of  every  such 
person,  and  at  least  twenty  (20)  days  before  the  regular  bien- 
nial primary  nominating  election,  the  secretary  of  state  shall 
forward  by  mail  to  every  such  person  a  copy  of  the  pamphlet 
containing  the  names  and  statements  herein  provided  for. 
The  pages  of  the  pamphlet  required  by  this  act  shall  be  six 
by  nine  inches  in  size,  and  the  printed  matter  therein  shall  be 
set  in  eight  point  type,  single  leaded,  and  twenty-five  ems 
pica  in  width,  with  proper  headings.     [1911,  ch.  129.] 


226  ELECTION  LAWS 


§  6.  General  election  campaign  expenses  limited.]  No 
sum  of  money  shall  be  paid  and  no  expenses  authorized  or 
incurred  by  or  on  behalf  of  any  candidate  who  has  received 
the  nomination  to  any  public  office  or  position  in  this  state, 
except  such  as  he  may  contribute  toward  payment  of  his 
political  party's  or  independent  statement  in  the  pamphlet 
herein  provided  for  in  excess  of  fifteen  (15)  per  cent  of  the 
annual  salary  of  the  office  for  which  he  is  nominated;  pro- 
vided, that  no  candidate  shall  be  restricted  to  less  than  two 
hundred  dollars.    [1911,  ch.  129.] 

§  7.  Itemized  statements  filed.]  Every  candidate  for 
nomination  or  election  to  public  office,  including  the  offices 
of  senators  of  the  United  States,  shall  within  fifteen  days  after 
the  primary  or  general  election  at  which  he  was  a  candidate, 
file  with  the  secretary  of  state,  if  a  candidate  for  senator  of 
the  United  States,  representative  in  congress,  or  for  any  state 
or  district  office,  in  a  district  composed  of  one  or  more  coun- 
ties, but  with  the  county  auditor  for  legislative  districts  com- 
posed of  not  more  than  one  county,  an  itemized  statement 
setting  forth  in  detail  all  the  moneys  contributed,  expended 
or  promised  by  him  to  aid  and  promote  his  nomination  or 
election,  or  both,  as  the  case  may  be,  and  for  the  election  of 
his  party  candidates,  and  all  existing  unfulfilled  promises  of 
every  character  and  all  liabilities  in  force  at  the  time  of  such 
statement,  and  if  no  money  or  other  valuable  thing  was  paid 
or  promised,  he  shall  file  a  statement  to  that  effect  within 
fifteen  days  after  the  election  at  which  he  was  a  candidate. 
Any  candidate  who  shall  fail  to  file  such  statement  shall  be 
fined  twenty-five  dollars  ($25.00)  for  every  day  on  which  he 
was  in  default,  unless  excused  by  the  court.     [1911,  ch.  129.] 

§  8.  Actual  contributors'  names.]  No  person  shall  make 
a  payment  of  his  own  money  or  of  another  person's  money 
to  any  other  person  in  connection  with  a  nomination  or  elec- 
tion in  any  other  name  than  that  of  the  person  who  in  truth 
supplies  such  money;  nor  shall  any  person  knowingly  re- 
ceive such  payment  or  enter  or  cause  the  same  to  be  entered 
in  his  accounts  or  record  in  any  other  name  than  that  of  the 
person  by  whom  it  was  actually  furnished.     [1911,  ch.  129.] 

§  9.  Pre-election  promises  of  appointments.]  No  person 
shall,  in  order  to  aid  or  promote  his  nomination  or  election, 
directly  or  indirectly  promise  to  appoint  another  person  or  to 
secure  or  aid  in  securing  the  appointment,  nomination  or 
election  of  another  person  to  any  public  or  private  position  or 
employment,  or  to  any  position  of  honor,  trust  or  emolument. 
[1911,  ch.  129.] 

§  10.  Charitable  contributions  by  candidates.  Solicita- 
tion thereof.]    No  person  shall  demand,  solicit,  ask  or  invite 


§  10.  Charitable  contributions  by  candidates  or  office- 
holders, AND  solicitation  THEREOF.]  No  person  shall  de- 
mand, solicit,  ask  or  invite  any  payment  or  contribution 
for  any  religious,  charitable  or  other  such  cause  from  any 
person  who  seeks  to  be,  or  has  been,  nominated  to  any  of- 
iice,  and  no  such  candidate  shall  make  any  such  payment 
or  contribution,  or  promise  or  agree  to  make  the  same,  if 
it  shall  be  demanded  or  asked  during  the  time  he  is  a  can- 
didate for  nomination  or  election.  No  payment  or  contri- 
bution for  any  purpose  shall  be  made  a  condition  prece- 
dent to  the  putting  of  a  name  on  any  caucus  or  convention 
ballot  or  nominating  paper  or  petition,  or  the  performance 
of  any  duty  imposed  by  law  on  a  political  committee. 

Provided,  however,  that  this  Section  shall  not  be  con- 
strued as  prohibiting  any  candidate  for  office  from  making 
contributions  for  a  religious  or  charitable  purpose  to  any 
organization  or  purpose  to  which  he  has  theretofore  ordi- 
narily or  customarily  contributed;  and  no  person  shall  be 
deemed  prohibited  at  any  time  from  contributing  to  any 
church  organization  or  association  of  which  he  is  actually 
a  member. 

Provided,  further,  this  Section  shall  not  be  construed  as 
making  it  unlawful  for  a  candidate  for  office  to  make  con- 
tribution to  the  central  committees  of  the  political  party 
with  which  he  is  affiliated,  but  any  such  contribution  so 
made  shall  be  deemed  a  part  of  the  expenditure  limited 
in  Section  6  of  this  Act.     [1913,  Chap.  15.] 


- STATE  OF  NORTH  DAKOTA 227 

any  payment  or  contribution  for  any  religious,  political, 
charitable  or  other  such  cause  from  a  person  who  seeks  to  be 
or  has  been  nominated  or  elected  to  any  office;  and  no  such 
candidate  or  elected  person  shall  make  any  such  payment 
or  contribution  if  it  shall  be  demanded  or  asked  during  the 
time  he  is  a  candidate  for  nomination  or  election  or  an  in- 
cumbent of  any  office.  No  payment  or  contribution  for  any 
purpose  shall  be  made  a  condition  precedent  to  the  putting 
of  a  name  on  any  caucus  or  convention  ballot  or  nominatin.^^ 
paper  or  position,  or  the  performance  of  any  duty  imposed 
by  law  on  a  political  committee.     [1911,  ch.  129.] 

§  11.  Campaign  contributions  by  corporations  prohibited.] 
No  corporation,  trustee  or  officer  thereof  as  such,  shall  pay  or 
contribute  in  order  to  aid,  promote  or  prevent  the  nomina- 
tion or  election  of  any  person,  or  in  order  to  aid  or  promote 
the  interest,  success  or  defeat  of  any  person  or  any  political 
party  or  organization.  And  no  person  shall  solicit  or  re- 
ceive such  payment  from  any  corporation.     [1911,  ch.  129.] 

§  12.  Treating-]  Any  person  or  candidate  who  shall, 
either  by  himself  or  by  any  other  person,  either  before  or 
after  election,  or  while  such  person  or  candidate  is  seeking  a 
nomination  or  election,  directly  or  indirectly,  give  or  provide, 
or  pay,  wholly  or  in  part,  the  expense  of  giving  or  providing 
any  drink  or  intoxicating  liquors  to  or  for  any  person  for 
the  purpose  or  with  the  intent  or  hope  to  influence  that  per- 
son or  any  other  person  to  give  or  refrain  from  giving  his 
vote  at  such  election  to  or  for  any  candidate  or  political  party 
ticket  or  measure  before  the  people,  or  on  account  of  such 
person  or  any  other  person  having  voted  or  refrained  from 
voting  for  any  candidate  or  the  candidates  of  any  political 
party  or  organization  or  measure  before  the  people,  or  being 
about  to  vote  or  refrain  from  voting  at  such  election,  shall  be 
guilty  of  treating.  Every  elector  who  accepts  or  takes  any 
such  drink  or  intoxicating  liquors  shall  also  be  guilty  of 
treating,  and  such  acceptance  shall  be  ground  of  challenge 
to  his  vote  and  of  rejecting  his  vote  on  a  contest.  [1911,  ch. 
129.] 

§  13.  Penalty.]  Any  person  shall  be  guilty  of  corrupt 
practice  within  the  meaning  of  this  act  if  he  expends  any 
money  for  election  purposes  contrary  to  the  provisions  of 
this  statute,  or  if  he  is  guilty  of  treating,  undue  influence,  per- 
sonation, or  the  giving  or  promising  to  give  any  money  or 
valuable  thing  to  an  elector  with  the  intent  to  induce  him  to 
vote  or  to  refrain  from  voting  for  any  candidate  for  public 
office.    [1911,  ch.  129.] 


228  ELECTION  LAWS 


§  14.  Expense  of  voting.  Transportation  prohibited.]  It 
shall  be  unlawful  for  any  person  to  pay  another  for  any  loss 
or  damage  due  to  attendance  at  the  polls,  or  in  registering  or 
for  the  expense  of  transportation  to  or  from  the  polls.  No 
person  shall  pay  for  personal  services  to  be  performed  on  the 
day  of  a  caucus,  primary  convention  or  any  election  for  any 
purpose  connected  therewith,  tending  in  any  way,  directly  or 
indirectly,  to  affect  the  result  thereof,  except  for  the  hiring  of 
persons  whose  sole  duty  is  to  act  as  challengers  and  watch 
the  count  of  official  ballots.  No  person  shall  buy,  sell,  give 
or  provide  any  political  badge,  button  or  any  insignia  to  be 
worn  at  or  about  the  polls  on  the  day  of  an  election,  and  no 
such  political  badge,  button  or  insignia  shall  be  worn  at  or 
about  the  polls  on  any  election  day.     [1911,  ch.  129. 

§  15.  Political  advertising  labeled  paid.]  No  publisher 
of  a  newspaper  or  other  periodical  shall  insert  either  in  its 
advertising  or  reading  columns  or  any  paid  matter  w^hich  is 
designed  or  tends  to  aid,  injure  or  defeat  any  candidate  or 
political  party  or  organization  or  measure  before  the  people, 
unless  it  is  stated  therein  that  it  is  a  paid  advertisement.  No 
person  shall  pay  the  owner,  editor,  publisher  or  agent  of  any 
newspaper  or  other  periodical  to  induce  him  to  editorially 
advocate  or  oppose  any  candidate  for  nomination  or  elec- 
tion, and  no  such  owner,  editor,  publisher  or  agent  shall  ac- 
cept such  payment.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  section  shall  be  punished  as  for  a  corrupt 
practice.     [1911,  ch.  129.] 

§  16.  Electioneering  on  election  day.]  It  shall  be  unlaw- 
ful for  any  person  at  any  place  on  the  day  of  any  election  to 
ask,  solicit  or  in  any  manner  try  to  induce  or  pursuade  any 
voter  on  such  election  day  to  vote  or  refrain  from  voting  for 
any  candidate,  or  the  candidates  or  ticket  of  any  political 
party  or  organization,  or  any  measure  submitted  to  the  peo- 
ple, and  upon  conviction  thereof,  he  shall  be  punished  by  a 
fine  of  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars  for  the  first  offense,  and  for  the  second  and  each  sub- 
sequent offense  occurring  on  the  same  or  different  election 
days  he  shall  be  punished  by  a  fine  as  aforesaid,  or  by  im- 
prisonment in  the  county  jail  not  less  than  five  nor  more  than 
thirty  days,  or  both  such  fine  and  imprisonment.  [1911,  ch. 
129.] 

§  17.  Failure  to  file  statement.  Name  omitted  from  bal- 
lot.] The  name  of  a  candidate  chosen  at  a  primary  nom- 
inating election  or  otherwise,  shall  not  be  printed  on  the  offi- 
cial ballot  for  the  ensuing  election  unless  there  has  been  filed 
by  or  on  behalf  of  said  candidate  the  statements  of  accounts 


STATE  OF  NORTH  DAKOTA 229 

and  the  expenses  relating  to  nominations  required  by  this 
act,  but  delay  in  making  such  statement  beyond  the  time  pre- 
scribed shall  not  preclude  its  acceptance  or  prevent  the  in- 
sertion of  the  name  on  the  ballot,  if  there  is  a  reasonable  time 
therefor  after  the  receipt  of  such  statements.    [1911,  ch.  129.1 

§  18.  Candidacy  bona  fide-]  It  shall  be  unlawful  for  any 
person  to  accept,  receive  or  refrain  from  becoming  a  candi- 
date for  nomination  or  election,  or  by  himself  or  in  com- 
bination with  any  other  person  or  persons  to  become  a  candi- 
date for  the  purpose  of  defeating  the  nomination  or  election 
of  any  person  and  not  with  a  bona  fide  intent  to  obtain  the 
office.     [1911,  ch.  129.] 

§  19.  Corrupt  practice.  Forfeiture  of  office  or  nomina- 
tion.] If  upon  the  trial  of  any  action  or  proceeding  under 
the  proivsions  of  this  act  for  the  contesting  of  the  right  of  any 
person  declared  to  be  nominated  to  any  office  or  elected  to 
any  office,  or  to  annul  or  set  aside  such  election,  or  to  remove 
any  person  from  his  office,  it  shall  appear  that  such  person 
was  guilty  of  any  corrupt  practice,  illegal  act,  or  undue  in- 
fluence in  or  about  such  nomination  or  election,  he  shall  be 
punished  by  being  deprived  of  the  nomination  or  office  as 
the  case  may  be,  and  the  vacancy  therein  shall  be  filled  in 
the  manner  provided  by  law.     [1911,  ch.  129.] 

§  20.  Contest  commencement.]  Any  action  to  contest  the 
right  of  any  person  declared  elected  to  any  office,  or  to  annul 
and  set  aside  such  election,  or  to  remove  from  or  deprive  any 
person  of  an  office  of  which  he  is  the  incumbent  for  any 
offense  mentioned  in  this  act  must,  unless  a  different  time  be 
stated,  be  commenced  within  forty  (40)  days  after  the  return 
of  the  election  at  which  such  offense  was  committed,  unless 
the  ground  of  the  action  or  the  proceeding  is  for  illegal  pay- 
ment of  money  or  other  valuable  things  subsequent  to  the 
filing  of  the  statements  prescribed  by  this  act,  in  which  case 
the  action  or  the  proceedings  may  be  commenced  within 
forty  (40)  days  after  the  discovery  of  the  complainant  of  such 
illegal  payment.  [1911,  ch.  129.] 

§21.  General  PENALTY.]  Whoever  violates  any  provision 
of  this  act,  the  punishment  of  which  is  not  specifically  pro- 
vided by  law,  shall  on  conviction  thereof  be  punished  by  im- 
prisonment in  the  county  jail  for  not  more  than  six  months, 
or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
both  such  fine  and  imprisonment.     [1911,  ch.  129.] 


230  ELECTION  LAWS 


NON-PARTISAN  JUDICIARY  ACT. 


§  1.  In  all  petitions  and  affidavits  to  be  filed  by 
or  in  behalf  of  candidates  for  nomination  at  the  primary 
election  to  the  office  of  judge  of  the  supreme  or  district 
court,  no  reference  shall  be  made  to  a  party  ballot  or  to  the 
party  affiliation  of  such  candidate.     [1909  ch.  82.] 

§  2.  All  primary  elections  at  which  candidates  for 
judge  of  the  supreme  or  district  court  are  to  be  nominated, 
there  shall  be  separate  ballots  upon  which  shall  be  placed 
the  names  of  the  candidates  for  such  offices,  which  balloL 
shall  be  entitled  to  "judiciary  ballot,"  and  the  names  of 
such  candidates  shall  be  placed  thereon  witliout  party  des- 
ignation, and  there  shall  be  designated  thereon  the  num- 
ber of  judges  each  elector  is  entitled  to  vote  for.  This 
ballot  shall  be  delivered  to  each  elector  by  the  proper  elei- 
tion  officer,  and  the  candidate  on  such  "judiciary  ballot" 
receiving  the  highest  number  of  votes  to  the  extent  of  dou- 
ble the  number  of  those  to  be  elected,  provided  there  are 
that  many  or  more  candidates  running  for  such  office  or 
offices,  shall  be  duly  nominated.     [1909,  ch.  82.] 

§  3.  At  the  general  election  there  shall  be  a  separate 
ballot,  upon  which  shall  be  placed  the  names  of  the  candi- 
dates for  judge  of  the  supreme  court  and  judge  of  the  dis- 
trict court,  who  have  been  noininated  as  herein  provided, 
which  ballot  shall  be  entitled  the  "judiciary  ballot,"  and 
the  names  of  all  candidates  shall  be  placed  thereon  with- 
out party  designation,  and  there  shall  be  designated  there- 
on the  number  of  judges  each  elector  is  entitled  to  vote  for. 
This  ballot  shall  be  delivered  to  each  elector,  and  the  can- 
didates on  such  "judicial  ballot"  receiving  the  highest  num- 
ber of  votes  to  the  number  of  those  to  be  elected  shall  be 
duly  elected.     [1909,  ch.  82.] 


STATE  OF  NORTH  DAKOTA  231 


NON-PARTISAN  SCHOOL  OFFICERS. 


§  1.  No  PARTY  BALLOTS.]  In  all  petitions  and  affidavits 
to  be  filed  by  or  in  behalf  of  any  candidate  for  nomi- 
nation at  any  primary  election  to  the  offices  of  state  super- 
intendent of  public  instruction  and  county  superintendent 
of  schools,  no  reference  shall  be  made  to  any  party  ballot 
or  to  the  party  affiliation  of  such  candidate.     [1913,  ch.  153.] 

§  2.  Separate  ballots  for  school  nominations.]  At 
all  primary  elections  at  which  candidates  for  the  offices 
herein  referred  to  are  to  be  nominated,  there  shall  be  sep- 
arate ballots  which  ballots  shall  be  entitled,  "Non-partisan 
school  ballot,"  and  the  names  of  such  candidates  shall  be 
placed  thereon  without  party  designation,  and  there  shall 
be  designated  thereon  the  number  of  persons  to  be  elected 
to  each  office.  Except  as  herein  provided,  this,  ballot  shall 
be  prepared,  printed,  distributed,  canvassed  and  returned 
in  the  manner  now  provided  by  law  for  primary  election 
ballots,  and  shall  be  delivered  to  each  elector  by  the  proper 
election  officers  and,  where  there  are  three  or  more  candi- 
dates for  the  same  office,  the  two  candidates  receiving  the 
highest  number  of  votes  for  such  office  shall  be  duly  nomi- 
nated thereto,  and  where  there  are  only  two  candidates  for 
the  same  office,  both  candidates  shall  be  duly  nominated 
thereto.     [1913,  ch.  153.] 

§  3.  Ballots  at  general  election.]  At  the  general 
election  there  shall  be  a  separate  ballot  upon  which  shall 
be  placed  the  names  of  all  candidates  who  have  been  nomi- 
nated as  herein  provided,  which  ballot  shall  be  entitled 
"School  Ballot"  and  the  names  of  all  such  candidates  shall 
be  placed  thereon  without  party  designation,  and  there 
shall  be  designated  thereon  the  number  of  candidates  for 
each  office  for  whom  each  elector  is  entitled  to  vote.  Ex- 
cept as  hereinafter  provided,  this  ballot  shall  be  prepared, 
printed,  distributed,  canvassed  and  returned  in  the  manner 
now  provided  by  law  for  general  election  balolts.  This 
ballot  shall  be,  delivered  to  each  elector,  and  the  candidates 
for  each  office  on  such  "Non-partisan  school  ballot"  receiv- 
ing the  highest  number  of  votes  shall  be  duly  elected  to 
such  office.    [1913,  ch.  153.] 


232  ELECTION  LAWS 


RATES  FOR  POLITICAL  ANNOUNCEMENTS 


§  1.  Rates  for  political  announcements.]  No  news- 
paper in  this  state  shall  charge  for  the  publication  of  politi- 
cal announcements  of  candidates  before  any  primary  or 
election,  any  more  than  the  legal  rates  for  the  publication 
of  legal  notices. 

All  paid  political  matter  and  political  announcements  shall 
be  labeled  "Political  Advertisement." 

Any  person  violating  any  provision  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor.    [1911,  ch.  210.] 


STATE  OF  NORTH  DAKOTA  233 


PRIMARY  ELECTION  OF  NATIONAL  DELEGATES. 


§  1.  In  the  presidential  election  years,  the  quali- 
fied electors  of  the  political  parties  subject  to  this  law  shall 
have  opportunity  to  vote  for  their  preference,  on  ballots 
provided  for  that  purpose,  for  their  choice  among  thos ) 
aspiring  to  be  candidates  of  their  respective  parties  for 
president  and  vice  president  of  the  United  States,  shall  have 
their  party  delegates  to  their  national  conventions,  theii* 
presidential  electors,  and  shall  nominate  and  recommend 
their  choice  for  national  committeemen.  The  names  of  the 
aspirants  in  each  such  party  for  election  for  the  oflice  of 
president,  for  office  of  vice  president  of  the  United  State*i, 
for  national  committeeman,  for  delegates  to  their  national 
conventions,  and  for  presidential  electors,  snail  be  printe  i 
on  the  party  nominating  ballot,  provided  for  that  purpose, 
and  the  ballot  shall  be  marked  and  the  votes  shall  be  count 
ed,  canvassed  and  returned  under  the  same  conditions  as 
to  names,  petitions  and  other  matters  so  far  as  the  same 
are  applicable,  as  the  names  and  petitions  of  party  aspir- 
ants for  the  party  nominations  for  the  oflice  of  governor 
and  of  the  United  States  senator  in  congress  are,  or  may  be 
by  law  required  to  be  marked,  filed,  counted,  canvassed 
and  returned;  provided,  that  aspirants  for  such  presiden- 
tial nominations  need  not  file  any  personal  petition  nor 
signature;  that  certificates  of  the  number  of  votes  received 
by  each  such  candidate  shall  be  issued  to  the  delegates  who 
are  elected  for  said  party  to  the  party  national  convention: 
that  petitions  to  place  on  the  nomination  ballot  the  names 
and  aspirants  for  such  office  or  delegate  to  said  national 
convention,  presidential  elector  and  national  committee- 
men to  be  chosen  and  elected,  as  provided  herein,  shall  bo 
sufficient  if  they  contain  a  number  equal  to  one  per  cent  of 
the  party  vote  in  the  state  at  the  next  preceding  election 
for  representatives  in  congress,  or  not  less  than  five  hun- 
dred signatures  of  party  voters.  Every  qualified  voter  shall 
have  the  right  to  vote  for  as  many  candidates  for  national 
delegates  for  his  party  and  for  the  election  of  as  many  can- 
didates for  presidential  electors  as  there  are  delegates  and 
electors  to  be  elected  respectively,  and  each  elector  shall 
have  a  right  to  vote  for  one  candidate  to  his  party  for  na- 


234  ELECTION  LAWS 


tional  committeeman.  A  number  of  such  candidates  equal 
to  the  number  of  delegates  to  be  elected  and  the  number  of 
presidential  electors  to  be  elected  and  the  candidate  for  na- 
tional committeeman,  receiving,  respectively,  each  for  him- 
self, the  highest  number  of  votes  for  such  office  or  nomina- 
tion, shall  be  declared  elected.     [1911,  ch.  208.] 

§  2.  On  the  eighth  day  after  the  election  provided  for 
herein,  the  county  canvassing  board  shall  meet  as  provided 
in  section  582  of  the  revised  codes  of  1905,  and  shall  can- 
vass the  returns  in  the  manner  now  provided  by  law.  The 
powers  and  duties  of  the  board  shall  be  the  same  in  so  far 
as  applicable,  as  now  are  prescribed  by  law  fo^  canvassing 
the  returns  of  other  elections.     [1911,  ch.  208.] 

Sec.  3.  For  the  purpose  of  ascertaining  the  results  of 
the  election  provided  for  in  this  act,  the  state  canvassing 
board  shall  meet  at  the  office  of  the  secretary  of  state  on 
the  first  Tuesday  in  May  after  such  election  and  the  secre- 
tary of  state  shall  notify  the  other  members  of  the  board  of 
canvassers  of  such  meeting.     [1911,  ch.  208.] 

§  4.  All  persons  desiring  to  be  candidates  for  dele- 
gates to  the  national  convention  of  their  party  and  all  per- 
sons desiring  to  be  candidates  for  presidential  electors  and 
for  national  committeemen  of  their  party  shall,  not  later 
than  the  first  day  in  March  of  each  year,  when  a  presiden- 
tial election  will  take  place,  file  with  the  secretary  of  stat? 
their  petitions,  as  provided  herein.     [1911,  ch.  208.] 

§  5.  It  shall  be  the  duty  of  the  secretary  of  state  im- 
mediately after  the  first  day  in  March  of  each  year  in  whicli 
a  presidential  election  will  take  place,  to  prepare  and  print 
ballots,  at  the  expense  of  the  state,  with  the  names  of  all 
candidates  of  each  party  for  the  offices  named  in  this  act. 
In  printing  such  ballots  the  secretary  of  state  shall  be  guid- 
ed by  the  provisions  of  law  now  in  force  relating  to  the  pre- 
paration and  printing  of  ballots  for  general  elections.  The 
provisions  of  the  general  election  law  applicable  relating  to 
the  distinction  of  ballots,  posting  of  sample  ballots  and  of 
notices  of  the  election  shall  apply  to  the  distribution  of  bal- 
lots, posting  of  sample  ballots  and  of  notices  of  the  election 
herein  provided  for,  except  as  otherwise  required  herein. 
The  secretary  of  state  shall  distribute  the  ballots  among  the 
county  auditors,  who  in  turn  must  deliver  the  same  to  the 
inspectors  of  election  in  the  voting  precincts  of  their  re- 
spective counties.  Notices  of  the  election  provided  for  here- 
in shall  be  given  in  the  manner  prescribed  by  law  for  giv- 
ing notices  of  city,  village  and  township  elections  in  such 
cities,  villages  and  townships  and  in  any  other  precincts, 


STATE  OF  NORTH  DAKOTA 235 

notice  of  the  election  shall  be  given  as  now  provided  by  law 
for  general  elections.     [1911,  ch.  208.] 

§  6.  On  the  third  Tuesday  of  March  of  every  fourth 
year,  when  a  presidential  election  is  to  be  held,  the  mem- 
bers of  the  respective  political  parties  shall  express  their 
choice  for  the  election  of  the  persons  and  officers  named  in 
this  act,  and  whose  names  appear  upon  the  ballot  accord- 
ing to  the  provisions  herein.  Each  elector  shall  be  handed 
the  ballot  of  the  party  with  which  he  declares  himself  affili- 
ated, or  with  which  he  may  have  registered  at  the  last  pre- 
ceding registration  or  election,  and  such  elector  shall  mark 
and  vote  the  same  in  the  manner  provided  herein.  The 
polls  shall  be  open  during  the  same  hours  as  at  general  elec- 
tions herein  provided  for,  in  all  cities,  villages  and  civil 
townships  the  regular  election  officers  thereof  shall  also  act 
without  further  compensation  as  the  election  officers,  and 
in  unorganized  townships  and  voting  precincts  outside  of 
cities,  villages  and  civil  townships,  the  inspector  and  two 
judges  of  electon,  who  acted  as  such  at  the  last  general 
election,  or  those  who  have  been  or  may  be  appointed  to  fill 
such  vacancies  occurring  in  their  offices,  pursuant  to  law, 
shall  act  therein  as  the  inspector  and  judges  of  election.  In 
all  matters  not  herein  expressly  otherwise  provided  for  the 
provisions  of  any  election  law  of  this  state,  applicable  to 
the  case,  shall  govern.  In  every  fourth  year,  when  a  presi- 
dential election  is  held,  the  time  of  all  city  elections  shall 
take  place  on  the  third  Tuesday  in  March,  so  as  to  conform 
to  the  provisions  of  this  act,  and  in  such  event  the  city  offi- 
cers elected  to  office  shall  have  until  the  second  Tuesday  in 
April  in  which  to  qualify  for  such  office.     [1911  ch.  208.] 

§  7.  Every  delegate  to  a  national  convention  of  a  po- 
litical party  recognized  as  such  organization  by  the  laws  of 
North  Dakota,  shall  receive  from  the  state  treasurer  the 
amount  of  his  actual  necessary  traveling  expenses,  as  his 
account  may  be  audited  and  allowed  by  the  secretary  of 
state  or  state  auditor,  for  actual  attendance  upon  said  con- 
vention, but  not  in  any  case  to  exceed  $200.00  for  one  dele- 
gate. The  election  of  such  national  delegates  for  political 
parties  are  not  subject  to  the  direct  primary  law  shall  be 
certified  in  like  manner  as  nominations  of  candidates  of 
such  parties  for  election  to  public  office.  Every  such  dele- 
gate to  a  national  convention  which  nominated  candidates 
for  president  and  vice  president  shall  subscribe  an  oath  of 
office  that  he  will  uphold  the  constitution  and  the  laws  of 
the  United  States  and  North  Dakota,  and  that  he  will,  as 
such  officer  and  delegate,  to  the  best  of  his  judgment  and 
abilty,  faithfully  carry  out  the  wishes  of  his  political  party 
as  expressed  by  the  voters  at  said  election.     [1911,  ch.  208.1 


236  ELECTION  LAWS 


PUBLICATION  OF  CANDIDATES'  NAMES  BEFORE  PRI- 
MARY ELECTION. 


Section  1.  Certified  lists  of  nominees.]  At  least 
twenty-five  days  before  any  primary  preceding  a  general 
election,  the  secretary  of  state  shall  transmit  to  each  county 
auditor  a  certified  list  containing  the  names  and  post  office 
addresses  of  each  person  for  whom  nomination  papers 
have  been  filed  in  his  office  and  entitled  to  be  voted  for  at 
such  primary,  together  with  a  designation  of  the  office  for 
which  he  is  a  candidate,  and  the  party  or  principle  he  rep- 
resents.    [1911,  ch.  209.] 

§  2.  Publication  of  notices.]  The  auditor  to  whom 
such  list  is  delivered  shaU  forthwith  upon  the  receipt  there- 
of, publish  under  the  proper  party  designation  the  title  of 
each  office,  the  names  and  addresses  of  all  persons  for 
whom  nomination  papers  have  been  filed,  both  in  his  office 
and  in  the  office  of  the  secretary  of  state,  giving  the  names 
and  addresses  of  each,  the  date  of  the  primary,  the  hours 
during  which  the  polls  will  be  opened,  and  that  the  primary 
will  be  held  in  the  regular  polling  place  in  each  precinct. 
It  shall  be  the  duty  of  such  auditor  to  publish  said  notice 
once  each  week  for  at  least  two  consecutive  weeks  prior  to 
said  primary  in  each  official  newspaper  in  the  county. 
[1911,  ch.  209.] 

§  3.  Posting  of  notices.]  Such  auditor  shall  also 
forthwith  mail  copies  of  such  notices  to  each  township  and 
village  clerk  and  inspector  of  elections  in  unorganized  town- 
ships, and  to  each  city  auditor  of  his  county,  who  shall  im- 
mediately post  copies  of  the  same  in  at  least  three  public 
places  in  each  precinct  in  his  town,  city  or  village,  designat- 
ing therein  the  location  of  the  polling  places  in  each  elec- 
tion precinct.    [1911,  ch.  209.] 


STATE  OF  NORTH  DAKOTA  237 


CORRUPT  PRACTICES  ACT 


§  1.  Contributions  for  political  purposes  prohibited. 
Penalty.]  No  corporation  doing  business  in  this  state  shall, 
directly  or  indirectly,  pay  or  use,  or  offer,  consent  or  agree 
to  pay  or  use  any  money,  property,  or  anything  of  value  for 
or  in  aid  of  any  political  party,  committee  or  organization 
or  for  or  in  aid  of  any  corporation  or  assocalion  organized 
or  maintained  for  political  purposes,  or  for  or  in  aid  of  any 
candidate  for  political  office,  or  for  the  nomination  of  such 
officer  or  for  any  political  purpose  whatsoever,  or  for  the 
reimbursement  or  indemnification  of  any  person  for  money 
or  property  so  used  or  for  the  purpose  of  influencing  legisla- 
tion of  any  kind.  Any  officer,  director,  stockholder,  attorney, 
agent  or  representative  of  any  corporation  or  association 
which  violates  any  of  the  provisions  of  this  act,  who  partici- 
pates in,  aids,  abets  or  advises  or  consents  to  any  such  viola- 
tion, and  any  person  who  solicits  or  knowingly  receives  any 
money  or  property  in  violation  of  this  act,  shall  upon  con- 
viction thereof  be  punished  by  imprisonment  in  the  state 
penitentiary  for  not  more  than  one  year,  or  a  fine  of  not  less 
than  two  hundred  dollars  nor  more  than  five  thousand  dol- 
lars or  both  such  fine  and  imprisonment,  and  any  officer  aid- 
ing or  abetting  in  any  contribution  made  in  violation  of  this 
act,  shall  be  liable  to  the  company  or  association  for  the 
amount  so  contributed.    [1907,  ch.  58.] 

§  2.  No  person  excused  from  testifying.]  No  person  shall 
be  excused  froin  attending  and  testifying  or  producing  any 
books,  papers  or  other  documents  before  any  court  or  magis- 
trate upon  any  investigation,  proceeding  or  trial  for  a  viola- 
tion of  any  of  the  provisions  of  this  act,  upon  the  ground  or 
for  the  reason  that  the  testimony  or  evidence,  documentary 
or  otherwise,  required  of  him  may  tend  to  incriminate  or  de- 
grade him;  but  no  person  shall  be  prosecuted  or  subject  to 
any  penalty  of  foreifture  for  or  on  account  of  any  transac- 
tion, matter  or  thing  concerning  which  he  may  so  testify  or 
produce  evidence,  documentary  or  otherwise,  and  no  testi- 
mony so  given  or  produced  shall  be  used  against  him  upon 
any  criminal  investigation  or  proceedings.    ]1907,  ch.  58.] 


238  ELECTION  LAWS 


§  3.  Corporation  responsible  for  acts  of  officer  or 
AGENT.]  The  violation  of  this  act  by  any  ofhcer,  employee, 
agent,  attorney  or  other  representative  of  a  corporation  shall 
be  prima  facie  evidence  of  said  violation  by  such  corpora- 
tion.    [1907,  ch.  58.] 

§  4.  Punishment  for  advising  violation  of  act.]  Any 
person  or  persons  who  shall  aid,  abet  or  advise  a  violation  of 
the  provisions  of  this  act  shall,  upon  conviction  thereof,  be 
punished  as  provided  for  in  section  one  of  this  act.  [1907, 
ch.  58.] 

§  5.  Prosecution,  where  brought.]  Violations  of  this  act 
may  be  prosecuted  in  the  county  where  such  payment  or 
contribution  is  made,  or  in  any  county  wherein  such  money 
or  property  has  been  paid  or  distributed.     [1907,  ch.  58.] 


STATE  OF  NORTH  DAKOTA  239 


REMOVAL  OF  OFFICERS 


§  1.  The  governor  may  remove  from  office  any  county 
commissioner,  clerk  of  the  district  court,  county  judge,  sher- 
iff, coroner,  county  auditor,  register  of  deeds,  state's  attor- 
ney, county  treasurer,  superintendent  of  schools,  county  com- 
missioners, surveyor,  public  administrator,  mayor,  chief  of 
police,  deputy  sheriff  or  other  police  officer,  or  any  custodian 
of  public  moneys,  except  the  state  treasurer,  whenever  it 
appears  to  him  by  competent  evidence  and  after  a  hearing 
as  hereinafter  provided  that  such  officer  has  been  guilty  of 
misconduct,  malfeasance,  crime  in  office,  or  for  habitual 
drunkenness  or  gross  incompetency.    [1913,  ch.  132.] 

§  2.  The  complaint  or  charges  against  any  such  official 
authorized  to  be  removed  by  the  governor  shall  be  entitled 
in  the  name  of  the  State  of  North  Dakota,  and  shall  be  filed 
with  the  governor.  It  may  be  made  on  the  relation  of  any 
five  qualified  electors  of  the  county  in  which  the  person 
charged  is  an  officer  or  the  state's  attorney  of  such  county, 
and  such  complaint  or  charges  shall  be  filed  by  the  attorney 
general  when  directed  so  to  do  by  the  governor.  When  the 
officer  sought  to  be  removed  is  one  other  than  the  state's 
attorney,  it  shall  be  the  duty  of  the  state's  attorney  to  appear 
and  prosecute  and  when  proceedings  are  brought  to  remove 
the  state's  attorney,  the  governor  shall  request  the  attorney 
general  or  some  other  competent  attorney  to  appear  on  be- 
half of  the  state  and  prosecute  such  proceedings.  [1913  ch. 
132.] 

§  3.  The  complaint  or  charges  shall  state  the  charges 
against  the  accused,  and  unless  filed  by  the  state's  attorney 
or  attorney  general  shall  be  verified,  and  may  be  amended 
as  in  ordinary  actions;  provided,  that  if  such  amendment 
of  the  complaint  or  charges  include  any  new  or  additional 
charge,  then  a  reasonable  time  should  be  allowed  the  accus- 
ed to  prepare  his  defense  thereto.     [1913,  ch.  132.] 

§  4.  Whenever  charges  are  made  against  any  such  officer, 
the  governor  shall  appoint  a  special  commissioner  to  take 
and  report  the  testimony  for  and  against  the  accused,  to  be 
used  on  the  hearing.     Such  testimony  shall  be  reduced  to 


240  ELECTION  LAWS 


writing  and  each  witness  shall  subscribe  his  name  to  his 
testimony,  when  same  is  so  reduced,  and  the  governor  in  his 
discretion  may,  if  in  his  judgment  the  best  interests  of  the 
state  shall  require  it  to  be  done,  by  written  order  to  be  de- 
livered to  such  officer  suspend  such  accused  officer  from  the 
performance  of  duty  during  the  pendency  of  the  hearing.  If 
the  governor  shall  so  suspend  the  accused,  he  shall  imme- 
diately notify  the  board  or  persons  authorized  to  fill  a  va- 
cancy in  such  office,  and  thereupon  such  board  or  person 
shall,  within  five  days  after  receipt  of  such  notice,  appoint 
some  competent  person  to  fill  such  office  and  perform  the 
duties  thereof  ad  interim.     [1913,  ch.  132.] 

§  5.  Upon  the  filing  of  any  such  complaint  or  charges  the 
governor  shall,  wyiiin  ten  days,  cause  a  copy  thereof  to  be 
made  and  served  upon  the  accused,  together  with  a  notice 
of  the  time  and  place  of  taking  testimony  and  the  name  of 
the  special  commissioner  before  whom  such  testimony  will 
be  taken,  and  the  date  fixed  for  the  taking  of  such  testimony 
shall  not  be  more  than  twenty  days  from  the  service  of  the 
copy  of  charges  against  the  accused.    [1913,  ch.  132.] 

§  6.  Whenever  testimony  has  been  taken  upon  charges 
filed  against  any  officer,  as  hereinbefore  provided,  it  shall 
be  the  duty  of  the  special  commissioner  to  forthwith  report 
all  such  testimony  to  the  governor  and  file  the  same  in  his 
office,  and  thereupon  the  governor  shall  fix  a  time  and  place 
for  hearing  on  a  day  not  more  than  ten  days  from  the  date 
of  the  filing  of  the  commissioner's  report,  and  not  less  than 
five  days  from  the  date  of  the  service  of  notice  of  such  hear- 
ing upon  the  accused  at  which  hearing  the  accused  shall  be 
entitled  to  be  heard  in  person  or  by  attorney.  If  upon  the 
hearing  the  charges  are  sustained,  the  governor  shall  forth- 
with make  the  order  in  writing,  removing  such  officer  from 
his  office  and  cause  a  copy  of  such  order  to  be  delivered  to 
the  accused  and  one  copy  to  be  delivered  to  the  board  of 
persons  having  authority  to  fill  a  vacancy  in  such  office,  and 
thereupon  such  board  or  person  shall,  within  five  days  there- 
after, appoint  some  competent  person  to  fill  such  office  and 
perform  the  duties  thereof,  unless  the  accused  had,  prior  to 
the  final  hearing,  been  suspended  as  hereinabove  provided, 
and  an  ad  interim  appointment  made.  In  such  case  the 
person  appointed  to  such  office  ad  interim  shall  continue 
until  the  expiration  of  the  term  for  which  the  accused  had 
been  elected  or  appointed;  provided,  however,  that  in  all 
cases  where  the  accused  person  so  removed  deems  himself 
aggrieved  thereby,  he  shall  be  entitled  to  appeal  from  the 
decision  of  removal  so  made  by  the  governor  to  any  district 
court  in  this  state  upon  filing  a  notice  of  appeal  therefrom  in 


STATE  OF  NORTH  DAKOTA 241 

the  office  of  the  secretary  of  state  within  fifteen  days  after 
the  date  thereof.  Such  notice  to  set  forth  the  grounds  of 
appeal  and  thereupon  such  accused  person  shall  be  entitled 
to  a  trial  de  novo  in  such  court  as  now  provided  by  law; 
provided,  that  such  trial  be  not  held  in  the  county  wherein 
the  accused  resides.    [1913,  ch.  132.] 

§  7.  The  fees  of  the  special  commissioner  herein  provided 
for  shall  be  the  same  as  allowed  by  law  to  referees,  and  wit- 
nesses giving  testimony  for  the  prosecution  before  such  com- 
missioner shall  be  allowed  the  same  fee  as  witnesses  in  dis- 
trict court.  In  cases  of  removal  of  a  county  officer,  such  fees 
shall  be  paid  by  the  county  upon  allowance  by  the  county 
board  in  the  same  manner  as  other  claims  against  the  county, 
and  if  a  municipal  or  township  officer,  then  by  the  city  coun- 
cil, commission  or  township  board,  in  the  same  manner  as 
other  claims  against  such  municipality.  If  in  such  proceed- 
ings the  commissioner  shall  authorize  the  taking  of  the  testi- 
mony by  a  shorthand  reporter,  the  fees  of  such  reporter  shall 
be  the  same  as  allowed  the  district  court  reporter,  for  like 
services,  and  such  fees  shall  be  allowed  in  the  same  manner 
as  the  fees  of  the  commissioner  and  witnesses.  [1913,  ch. 
132] 

§  8.  When  a  special  ccommissioner  shall  have  ])cen  ap- 
pointed as  herein  provided  for,  such  commissioner  shall 
forthwith  take  an  oath  and  file  same  with  the  governor  that 
he  will  impartially  and  to  the  best  of  his  knowledge  and 
ability,  without  fear,  favor  or  prejudice  cause  to  be  taken 
all  the  testimony  and  evidence  offered  at  the  hearing  for  ond 
on  behalf  of  the  prosecution  and  accused,  together  with  all 
papers  and  other  exhibits  offered  by  either  party,  carefully 
preserve  the  same;  that  he  will  cause  all  of  the  oral  testi- 
mony offered  at  the  hearing  to  be  correctly  and  fully  tran- 
scribed, and  as  speedily  as  may  be  after  the  hearing  attest 
the  same  as  a  full,  true  and  complete  record  of  all  the  evi- 
dence and  testimony,  including  all  exhibits  offered  at  said 
hearing  by  either  party,  and  cause,  same  to  be  filed  with  the 
governor.  Upon  having  taken  and  filed  such  oath  the  com- 
missioner shall  have  authority  to  issue  subpoenas  for  per- 
sons and  subpoenas  duces  tecum,  and  administer  oaths  to 
witnesses,  the  same  as  now  conferred  upon  justices  of  the 
peace,  and  such  subpoenas  may  be  directed  to  any  sheriff, 
constable,  chief  of  police  or  city  marshal,  who  shall  imme- 
diately serve  the  same,  and  such  officer  shall  be  entitled  for 
his  services  in  serving  the  same  to  the  same  fees  as  are  now 
allowed  to  constables  for  serving  subpoenas  in  civil  cases  in 
justice  court,  and  such  fees  when  served  for  the  prosecution, 
shall  be  paid  in  the  same  manner  as  herein  provided  for  wit- 


242  ELECTION  LAWS 


ness  fees  for  the  prosecution,  and  commissioner  fees;  when 
served  for  the  accused  the  accused  shall  be  liable  therefor  to 
the  officer  serving  the  same.  Provided,  that  such  officer  may 
demand  of  the  accused  his  fees  in  advance  for  serving  any 
subpoena  for  which  the  accused  is  liable,  and  that  any  wit- 
ness subpoenaed  by  the  accused  may  demand  in  advance 
from  the  accused  his  mileage  and  one  days'  witness  fee  be- 
fore he  shall  be  compelled  to  attend  the  hearing  for  which 
he  has  been  subpoenaed.     [1913,  ch.  132.] 

§  9.  When  charges  are  preferred  against  any  of  the  offi- 
cers mentioned  in  this  act  by  qualified  electors  other  than 
the  state's  attorney  or  attorney  general,  as  provided  in  Sec- 
tion 2,  and  upon  the  hearing  it  should  appear  that  such 
charges  were  not  reasonably  sustained  by  the  facts  proven 
at  such  hearing,  or  that  such  charges  were  not  preferred  in 
good  faith,  then  all  of  the  costs  of  the  proceedings  under  this 
act,  not  exceeding  in  the  amount  of  one  hundred  dollars, 
may  in  the  discretion  of  the  governor  be  taxed  to  the  per- 
sons making  such  charge.    [1913,  ch.  132.] 

§  10.  If  costs  shall  be  taxed  against  the  persons  preferring 
charges  against  any  of  the  officers  mentioned  in  this  act,  it 
shall  be  the  duty  of  the  governor  to  certify  such  costs  to 
the  state's  attorney  of  the  county  affected  and  it  shall  then 
be  the  duty  of  such  state's  attorney  to  proceed  to  put  the 
same  into  judgment  and  to  cause  such  judgment  to  be  filed 
in  the  office  of  the  clerk  of  district  court  in  such  county;  and 
such  certificate  of  the  governor  shall  be  prima  facie  evidence 
of  the  amount  of  costs  therein  stated.     [1913,  ch.  132.] 


STATE  OF  NORTH  DAKOTA  243 


ABSENT  VOTERS. 


§  1.  Absent  voter,  who  may  vote.]  Any  qualified  elec- 
tor of  this  state  having  complied  with  the  laws  in  regard  to 
registration,  who  is  absent  from  the  county  of  which  he  is 
an  elector  on  the  day  of  holding  any  general  or  primary 
election,  may  vote  at  any  such  election  as  hereinafter  pro- 
vided.   [1913,  ch.  155.] 

§  2.  Application  for  ballots.  Made  when.]  At  any 
time  within  thirty  days  next  preceding  such  election,  any 
voter  expecting  to  be  absent  on  the  day  of  such  election  from 
the  county  in  which  his  voting  precinct  is  situated,  may 
make  application  to  the  county  auditor  of  such  county  for 
an  official  absent  voter  ballot  to  be  voted  at  such  election. 
[1913,  ch.  155.] 

§  3.  Absent  voter  ballots.  How  printed.]  For  all  elec- 
tions, either  general  or  primary,  there  shall  be  prepared 
and  printed  for  each  precinct,  official  ballots  to  be  known 
as  absent  voter  ballots,  which  tallots  shall  be  prepared  and 
printed  in  the  same  form  and  shall  be  of  the  same  size  and 
texture  as  the  regular  official  ballots,  except  that  they  shall 
be  printed  upon  tinted  paper  of  a  tint  different  from  that  of 
the  sample  ballots.    [1913,  ch.  155.] 

§  4.  Absent  voter  ballot.  Form  of  applicant  for.]  Ap- 
plication for  such  ballot  shall  be  made  on  a  blank  to  be  fur- 
nished by  the  county  auditor  of  the  county  of  which  the  ap- 
plicant is  an  elector,  and  shall  be  in  substantially  the  fol- 
lowing form: 

I, ,  a  duly  qualified  elector  of  the  towa- 

ship  of ,  of  or  the  Village  of 

or  of  the precinct  of  the 

ward  of  the  city  of ,  in  the  county  of 

.,  and  State  of  North  Dakota,  and  to  my 

best  knowledge  and  belief  entitled  to  vote  in  such  precinct 
at  the  next  election,  expecting  to  be  absent  from  the  said 
county  on  the  day  for  holding  such  election,  hereby  make 
application  for  an  official  absent  voter  ballot  to  be  voted  by 
me  at  such  election. 

Date 

(Signed) 

Post  Office  Address 


244  ELECTION  LAWS 


Provided,  that  if  the  application  be  made  for  a  primary 
election  ballot  such  application  shall  also  give  the  name  of 
the  political  party  with  which  the  applicant  is  affiliated. 
[1913,  ch.  155.] 

§  5.  Application  blank,  how  obtained.]  Such  applica- 
tion blank  shall  upon  request  therefor,  be  sent  by  such 
county  auditor  to  any  absent  voter  by  mail,  and  shall  be  de- 
livered to  any  voter  upon  application  made  personally  at 
the  office  of  such  auditor.  [1913,  ch.  155.] 

§  6.  Ballots  sent  how.  Affidavit  of  voter  and  certifi- 
cate.] Upon  receipt  of  such  application  properly  filled 
out  and  duly  signed,  or  as  soon  thereafter  as  the  official 
absent  voter  ballot  for  the  precinct  in  which  the  applicant 
resides,  has  been  printed,  the  said  county  auditor  shall  send 
to  such  absent  voter  by  mail,  postage  prepaid,  one  official 
absent  voter  ballot,  of  (or)  if  there  be  more  than  one  such 
absent  voter  ballot  to  be  voted  by  an  elector  of  such  pre- 
cinct, one  of  each  kind,  and  shall  enclose  with  such  ballot 
or  ballots  an  envelope  to  be  furnished  by  such  auditor; 
which  envelope  shall  bear  upon  the  front  thereof  the  name, 
official  title  and  post  office  address  of  such  county  auditor 
and  upon  the  other  side  a  printed  affidavit  in  substantially 
the  following  form: 

State  of ] 

[ss. 
County  of J 

I, ,  do  solemnly  swear  that  I  am  a  resi- 
dent of  the  township  of ,  or  the  village  of 

,  or  of  the precinct  of 

the ward  in  the  city  of , 

residing  at in  said  city,  county  of , 

and  State  of  North  Dakota,  and  entitled  to  vote  in  such  pre- 
cinct at  the  next  election;  that  I  expect  to  be  absent  from 
said  county  of  my  residence  on  the  day  of  holding  such 
election  and  that  I  will  have  no  opportunity  to  vote  in  per- 
son on  that  day. 


Subscribed  and  sworn  to  before  me  this day 

of ,  19. . . ;  and  I  hereby  certify  that  the 

affiant  exhibited  the  enclosed  ballots  to  me  unmarked,  that 
he  then,  in  my  presence  and  in  the  presence  of  no  other 
person,  and  in  such  manner  that  I  could  not  see  his  vote, 
marked  such  ballot,  and  enclosed  and  sealed  the  same  in 
this  envelope.     That  the  affiant  was  not  solicited  or  ad- 


STATE  OF  NORTH  DAKOTA 245 

''•ised  by  me  to  vote  for  or  against  any  candidate  or  meas- 
ure. 


Provided,  that  if  the  ballot  enclosed  is  to  be  voted  at  a 
primary  election,  the  affidavit  shall  state  the  name  of  the 
political  party  with  which  the  absent  voter  is  affiliated. 

Note.  If  such  absent  voter  is  unable  to  sign  his  name,  he 
shall  make  his  mark  (X)  and  the  officer  taking  such  affi- 
davit shall  sign  such  voter's  name,  and  shall  state  the  rea- 
son for  such  affidavit  being  signed  in  such  manner,  in  his 
certificate  attached  to  such  affidavit.     [1913,  ch.  155.] 

§  7.  Manner  of  marking  ballot.]  Such  absent  voter 
shall  make  and  subscribe  the  said  affidavit  before  an  officer- 
authorized  by  law  to  administer  oaths  and  who  has  an  offi- 
cial seal,  and  such  absent  voter  shall  thereupon,  in  the  pres- 
ence of  such  officer  and  no  other  person,  mark  such  ballot 
or  ballots,  but  in  such  manner  that  such  officer  cannot  see 
the  vote,  and  such  ballot  or  ballots  shall  thereupon,  in  the 
presence  of  such  officer,  be  folded  by  such  voter  so  that 
each  ballot  shall  be  separate,  and  so  as  to  conceal  the  vote, 
and  be  in  the  presence  of  such  officer  deposited  by  such 
voter  in  said  envelope,  and  the  said  envelope  securely  seal- 
ed. Said  envelope  shall  be  mailed  by  such  absent  voter, 
postage  prepaid.     [1913,  ch.  155.] 

§  8.  Care  of  ballot  by  auditor.]  Upon  receipt  of  such 
envelope,  such  county  auditor  shall  forthwith  enclose  the 
same,  unopened,  together  with  the  written  application  of 
such  absent  voter,  in  a  larger  envelope  which  shall  be  se- 
curely sealed  and  endorsed  with  the  name  of  the  proper 
voting  precinct,  the  name  and  official  title  of  such  auditor, 
and  the  words,  "This  envelope  contains  an  absent  voter 
ballot  and  must  be  opened  only  on  election  days  at  the 
polls  while  the  same  are  open,"  and  such  auditor  shall 
thereafter  safely  keep  the  same  in  his  office  until  the  same 
is  delivered  by  him  as  provided  in  the  next  section.  [1913, 
ch.  155.] 

§  9.  Transmission  of  ballot  to  election  inspector.]  In 
case  such  envelope  is  received  by  such  auditor  prior  to  the 
delivery  of  the  sealed  package  containing  the  offical  ballots 
to  the  inspector  of  elections  of  the  precinct  in  which  such 
tjbsent  voter  resides,  such  ballot,  envelope  and  application 
sealed  in  such  envelope  shall  be  enclosed  in  such  package 
and  delivered  therewith  to  the  inspector  of  such  percinct. 
In  case  the  official  ballots  for  such  precinct  shall  have  beeii 


246  ELECTION  LAWS 


delivered  to  such  inspector  of  elections  at  the  time  of  the 
receipt  by  the  auditor  of  such  absent  voter  ballot,  such 
auditor  shall  immediately  enclose  such  application  and 
such  ballot  with  the  envelope  containing  such  ballot,  un- 
opened, in  a  larger  envelope  which  shall  be  securely  sealed 
by  him  and  endorsed  on  the  front  with  the  name,  official 
title,  name  of  precinct  and  post  office  address  of  the  inspec- 
tor of  elections  of  the  precinct  in  which  such  absent  votec 
resides,  and  the  words  "This  envelope  contains  an  absent 
voter  ballot  and  must  be  opened  only  on  election  day  at  the 
polls  while  the  same  are  open,"  and  forthwith  mail  the 
same,  postage  prepaid,  to  such  inspector  of  elections.  [1913, 
ch.  155.] 

§  10.  Manner  of  voting.  Void  or  rejected  ballots.]  At 
any  time  between  the  opening  and  closing  of  the  polls  on 
such  election  day,  the  inspector  or  judges  of  election  of 
such  precinct  shall  first  open  the  outer  envelope  only,  and 
compare  the  signature  of  such  voter  to  such  application 
with  the  signature  to  such  affidavit.  In  case  the  judge  find 
the  affidavit  is  sufficient  and  that  the  signatures  correspond, 
and  that  the  applicant  is  then  a  duly  qualified  elector  of 
such  precinct  and  has  not  voted  at  such  election,  they  shall 
open  the  absent  voter  envelope,  in  such  manner  as  not  to 
destroy  the  affidavit  thereon,  and  take  out  the  ballot  or  bal- 
lots therein  contained,  and  without  unfolding  the  same,  or 
permitting  the  same  to  be  opened  or  examined,  and  having 
endorsed  the  same  in  the  manner  that  other  ballots  are  en- 
dorsed, deposit  the  same  in  the  proper  ballot  box  or  boxe:-,, 
showing  by  the  records  of  such  election  such  elector  to  have 
voted.  In  case  such  affidavit  is  found  to  be  insufficient,  ov 
that  the  said  signatures  do  not  correspond,  or  that  such  ap- 
plicant is  not  then  a  duly  qualified  elector  of  such  precinct, 
such  vote  shall  not  be  allowed,  but  without  opening  the  ab- 
sent voter  envelope,  the  election  inspector  or  a  judge  of 
such  election  shall  mark  across  the  face  thereof,  "Rejected 
as  defective,"  or  "Rejected  as  not  an  elector,"  as  the  case 
may  be.  The  absent  voter  envelope,  when  such  absent  vote 
is  voted,  and  the  absent  voter  envelope  with  its  contents, 
unopened,  when  such  absent  vote  is  rejected,  shall  be  de- 
posited in  the  ballot  box  containing  the  general  or  party 
ballots,  as  the  case  may  be,  retained  and  preserved  in  the 
manner  as  now  by  law  provided  for  the  retention  and  pre 
servation  of  official  ballots  voted  at  such  election.  [1913,  ch. 
155.] 

§  11,  Elector  may  vote  before  leaving  county.  The 
provisions  of  this  Act  shall  be  construed  so  as  to  permit  any 
qualified  elector  of  this  state  who  is  present  in  this  (his) 


STATE  OF  NORTH  DAKOTA 247 

county  after  his  official  absent  voter  ballots  of  such  county 
have  been  printed,  and  who  has  reason  to  believe  that  hd 
will  be  absent  from  such  county  on  election  day  as  befor^i 
provided  in  Section  2,  to  vote  before  he  leaves  his  count/, 
in  like  manner  as  absent  voter,  and  any  qualified  elector 
who  has  marked  his  ballot  as  hereinbefore  provided,  who 
shall  unexpectedly  return  to  his  precinct  before  or  on  elec- 
tion day,  shall  be  permitted  to  vote  in  person,  provided  his 
ballot  has  not  already  been  deposited  in  the  ballot  box. 
[1913,  ch.  155.] 

§  12.  Ballots  furnished  auditor,  when.]  It  shall  be 
the  duty  of  the  secretary  of  state,  county  auditor,  or  any 
other  otiicer  by  law  required  to  prepare  any  general  or  pri- 
mary election  ballot,  to  prepare  and  have  printed  and  de- 
livered to  the  county  auditor,  at  least  fifteen  days  prior  t3 
the  holding  of  such  election,  a  sufficient  number  of  absent 
voter  ballots  provided  for  in  Section  5,  for  the  use  of  all 
voters  likely  to  be  absent  from  such  county  on  the  day  of 
such  election.     [1913,  ch.  155.] 

§  13.  Penalty  for  violation.]  If  any  person  shall  will- 
fully swear  falsely  to  the  affidavit  in  Section  6  provided  for, 
he  shall  upon  conviction  thereof  be  deemed  guilty  of  per- 
jury and  shall  be  punished  as  in  such  case  by  law  provided. 
If  the  secretary  of  state  or  any  county  auditor  or  any  elec- 
tion officer  shall  refuse  or  neglect  to  perform  any  of  the 
duties  prescribed  by  this  Act,  or  shall  violate  any  of  the 
provisions  thereof,  or  if  any  officer  taking  the  affidavit  pro- 
vided for  in  Section  6,  shall  make  any  false  statements  in 
his  certificate  thereto  attached,  he  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  punished  by  a  fine  not  ex- 
ceeding one  hundred  ($100.00)  dollars,  or  by  imprisonment 
in  the  county  jail,  or  by  both  such  fine  and  imprisonment. 
[1913,  ch.  155.] 


248  ELECTION  LAWS 


COURT  DECISIONS  AFFECTING  ELECTIONS 


Few  laws  enacted  by  the  legislature  of  this  state  have 
been  as  often  before  the  courts  for  judicial  review  as  have 
the  election  statutes.  That  is  true  of  every  state  in  the 
Union.  The  syllabi  and  the  excerpts  from  the  decisions 
handed  down  in  the  cases  which  are  given  on  the  pages 
following  have  been  selected  with  the  idea  in  view  that 
they  will  aid  the  voter  as  well  as  the  election  official.  Lead- 
ing cases  are  cited  in  each  instance.  Cases  from  other  states 
have  been  included  for  the  reason  that  North  Dakota 
is  cpmpara lively  a  young  state  and  as  such,  in  the  majority 
of  cases,  looks  to  the  court  decisions  of  other  states  on  ques- 
tions of  law  in  as  much  as  election  statutes  all  over  the 
country  embody  the  same  principles. 


STATE  OF  NORTH  DAKOTA  249 


COURT  DECISIONS 


How  Far  the  Right  to  Vote  is  Absolute 

In  the  case  of  Allison  v.  Blake,  25  L.  R.  A.  480,  the  Consti- 
tution prescribed  the  qualifications  of  an  elector  in  elec- 
tions for  all  officers,  that  were  or  would  thereafter  be  elect- 
ed by  the  people,  and  it  was  held  that  the  legislature  could 
not  change  them.  This  is  sustained  fully  by  all  the  cases  on 
the  power  of  the  legislature  to  prescribe  qualifications. 

As  to  the  power  of  the  legislature  to  prescribe  qualifica- 
tions for  electors  where  they  are  not  defined  in  the  constitu- 
tion, or  where  the  officers  to  be  elected  are  not  provided  for 
in  the  constitution,  it  has  been  generally  held  tliat  the  legis- 
lature has  that  power.  See  note  to  Coffin  v.  Thompson 
(Mich.)  21  L.  R.  A.  662,  as  to  right  of  women  to  vote;  seo 
also  note  to  Wolcott  v.  Holcomb  (Mich.)  23  L.  R.  A.  215, 
acquiring  residence  as  a  voter  while  attending  school  or 
public  institution. 

As  Affected  by  Acts  of  Congress 

Congress  has  the  power  to  legislate  in  regard  to  presiden- 
tial or  congressional  elections.  Ex  parte  Yarbrough,  110 
U.  S.  651,  28  L.  ed.  274;  Ex  parte  Clarke,  100  U.  S.  399,  United 
States  V.  Munford,  16  Fed.  Rep.  223. 

And  in  such  matters  if  the  regulations  of  a  state  should 
conflict  with  those  of  congress,  the  latter  must  prevail,  and 
the  former  would  be  void.  Ex  parte  Siebold,  100  U.  S.  371, 
25  L.  ed.  717. 

Right  to  Vote 

The  14th  Amendment  to  the  Constitution  of  the  United 
States  provides:  "All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States,  and  of  the  state  wherein  they 
reside.  No.  state  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  and  immunities  of  citizens  of  the 
United  States."  And  the  15th  Amendment  provides:  "Sef> 
tion  1.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any  state,  on  account  of  race,  color,  or  previous  condition 


250  ELECTION  LAWS 


of  servitude."  In  Spencer  v.  Board  of  Registration,  1  Mc- 
Arth.  169,  29  Am.  Rep.  582,  the  court  held  that  these  provis- 
ions were  the  creation  of  a  constitutional  condition  that  re- 
quired the  supervention  of  legislative  power  in  the  exercise 
of  legislative  discretion  to  give  it  effect.  And  further,  that 
the  constituional  capacity  of  becoming  a  voter  was  dormant 
until  made  effective  by  legislative  action.    21  L.  R.  A.  662. 

Right  is  Not  Absolute 

The  right  to  vote  is  not  an  absolute  one.  People  v.  Bar- 
ber, 48  Hun.  198.  It  is  a  right  or  privilege  arising  undar 
the  constitution  of  the  state,  and  not  under  the  Constitution 
of  the  United  States.  United  States  v.  Anthony,  11  Blatchf. 
200,  where  the  defendant  was  prosecuted  for  illegal  votin<^ 
at  an  election  for  representatives  for  congress  contrary  to 
the  New  York  law,  and  found  guilty.  If  the  right  belongs 
to  any  particular  person  it  is  because  such  person  is  entitled 
to  it  by  the  laws  of  the  state  where  he  officers  to  exercise  it, 
and  not  because  of  citizenship  of  the  United  States.  Ibid. 
21  L.  R.  A.  662.  To  the  same  effect.  People  v.  Barber,  48 
Hun.  198.  Sufirage  was  not  co-extensive  with  the  citizen- 
ship of  the  states  at  the  time  it  was  adopted,  and  was  not 
intended  to  make  all  citizens  voters.  Minor  v.  Happersett, 
88  U.  S.  21  Wall,  162,  22  L.  ed.  627. 

The  14th  and  15th  Amendments  to  the  Constitution  of  the 
United  States  do  not  extend  to  the  right  of  women  to  vote. 
Van  Valkenburg  v.  Brown,  43  Cal.  43,  13  Am.  Rep.  136. 

Right  to  vote;  elective  franchise.]  The  right  of  suff- 
rage is  not  a  natural  or  civil  right  but  a  privilege  conferred 
ijpon  the  person  by  the  Constitution  or  laws  of  the  state. 
Chamberlain  v.  Wood,  15  S.  D.  216,  56  L.  R.  A.  187,  88  N.  W. 
109. 

The  constitutional  right  of  a  duly  qualified  elector  to  vote 
is  subject  to  legislative  regulation  which  does  not  have  the 
effect  of  practically  destroying  the  franchise.  Miller  v. 
Schallern,  8  N.  D.  395,  79  N.  W.  865. 

Residence  for  any  length  of  time  in  a  military  reservation 
surrendered  to  the  United  States,  without  other  reservation 
than  the  right  to  serve  legal  process  in  certain  cases,  can- 
not give  the  right  to  any  person,  whether  connected  witn 
the  army  or  navy  or  not,  to  vote  at  an  election  held  in  the 
county  where  such  reservation  is  situated.  McMahon  v. 
Polk,  10  S.  D.  296,  47  L.  R.  A.  830,  73  N.  W.  77. 

When  the  Constitution  of  a  state  has  prescribed  qualifi- 
cations for  voters  and  defined  the  qualifications  of  an  offi- 
cer it  is  not  competent  for  the  legislature  to  add  to  or  in  any 
way  alter  such  qualifications,  unless  the  power  to  do  so  U 


STATE  OF  NORTH  DAKOTA 251 

conferred  by  the  Constitution  itself.  Johnson  v.  Grand 
Forks  County,  16  N.  D.  363,  125  Am.  St.  Rep.  662,  113  N.  W. 
1071. 

Qualified  electors,  as  defined  by  N.  D.  Const.  Sec.  121,  are 
male  person  only,  possessing  the  other  qualifications  there- 
in enumerated.    Wagar  v.  Prindeville,  130  N.  W.  224. 

Women  entitled  to  vote  for  school  officers  under  the  pro- 
visions of  N.  D.  Const.  Sec.  128,  constitute  a  class  separate 
from  electors  as  defined  in  section  121  of  the  Constitution, 
and  only  possess  a  limited  franchise.  Wagar  v.  Prindeville, 
130  N.  W.  224. 

N.  D.  Rev.  Codes  1905,  Sec.  738  calling  for  the  rejection 
of  unregistered  or  unsworn  voters,  is  mandatory.  Fitz- 
maurice  v.  Willis,  127  N.  W.  95. 

The  statutes  relating  to  the  registration  of  voters  were 
unchanged  by  N.  D.  Laws  1907,  chap.  109,  Sec.  21,  which 
provided  that  the  list  of  voters  at  the  primaries  should  take 
the  place  of  the  first  day's  registration,  but  which  was  void 
because  not  germane  to  the  title  of  the  act.  Fitzmaurice  v. 
Willis,  127  N.  W.  95. 

Under  N.  D.  Const.  Sec.  129,  authorizing  the  legislature  ^o 
pass  laws  regulating  the  conduct  of  elections  it  had  power 
to  enact  that  no  vote  should  be  received  if  the  voter  was 
not  duly  registered,  or  did  not  furnish  an  affidavit  in  lieu  of 
the  proper  registration,  such  act  being  designed  to  prevent 
fraud.    Fitzmaurice  v.  Willis,  127  N.  W.  95. 

The  provisions  of  the  registration  law  as  contained  in  N. 
D.  Rev.  Codes  1905,  Sees.  732-736,  do  not  require  women  to 
register  or  to  furnish  an  affidavit,  as  required  of  electors 
who  are  not  registered,  to  entitle  them  to  vote  for  school 
officers.    Wagar  v.  Prindeville,  130  N.  W.  224. 

Courts;  injunction.]  The  supreme  court  will  not,  in  the 
exercise  of  its  original  jurisdiction,  issue  an  injunction  re- 
straining the  inspectors  of  election  from  holding  an  election 
in  election  precincts  as  created  by  the  county  commission- 
ers, on  the  ground  that  such  precincts  have  been  illegall^^ 
created  and  do  not  conform  to  the  statute,  where  such  ille- 
gality amounts  to  a  mere  irregularity  and  will  not  vitiate 
the  election  to  be  held  therein.  State  ex.  rel.  Byrne  v.  Wil- 
cox 11  (N.  D.  329;  91  N.  W.  955. 

Injunction,  taxpayer's  right  of  action.]  The  additional 
burden  which  may  result  to  a  taxpayer  from  the  submission 
of  a  question  at  a  general  election  is  too  trifling,  fanciful, 
and  speculative  to  constitue  the  basis  of  an  injunction 
against  submitting  the  question.  State  ex  rel.  Cranmer  v. 
Thorson,  9  S.  D.  149,  33  L.  R.  A.  582,  68  N.  W.  202.  (Cited 
with  approval  in  dissenting  opinion  in  Segars  v.  Parrot,  54 


252  ELECTION  LAWS 


S.  C.  69,  30  S.  E.  1005,  31  S.  E.  677,  865,  in  support  of  the 
proposition  that  substantial  injury  must  threaten  to  war- 
rant the  issuance  of  an  injunction  against  the  performanc  i 
of  duties  imposed  upon  public  officers  by  an  unconstitu- 
tional statute.) 

Power  of  the  people.]  There  is  no  inherent  reserved 
power  in  the  people  to  hold  an  election  to  fill  a  vacancy  in 
an  elective  office.  Such  election  can  be  lield  only  when  and 
as  authorized  by  law.  State  ex  rel.  McGee  v.  Gardner,  3  S. 
D.  553,  54  N.  W.  606. 

While  it  is  not  essential  to  the  validity  of  an  election  that 
every  rule  and  detail  prescribed  by  the  election  laws  shall 
have  been  complied  with,  so  long  as  it  appears  that  an 
opportunity  for  a  free  and  fair  exercise  of  the  elective  fran- 
chise has  been  offered,  yet  when  the  failure  to  comply  with 
such  requirements  tends  to  mislead  and  obstruct  a  full  and 
fair  exercise  of  such  franchise,  such  disregard  of  require- 
ments cannot  be  passed  by  with  impunity.  Territory  ex  rei, 
Higgins  V.  Steele,  4  Dak.  72,  23  N.  W.  91. 

Provisions  of  a  statute  governing  the  conduct  of  elections 
are  mandatory  when  the  purpose  of  the  statute  would  be 
plainly  defeated  by  a  disobedience  of  them;  but  provisions 
a  violation  of  which  will  not  have  that  effect  are  merely 
directory.    Perry  v.  Hackney,  11  N.  D.  148,  90  N.  W.  483. 

An  election  is  not  rendered  illegal  and  void  by  the  fact 
that  the  election  precincts  were  illegally  created.  State  ex 
rel.  Byrne  v.  Wilcox,  11  N.  D.  329,  9i  N.  W.  955. 

The  ballots  cast  in  an  election  precinct  are  not  invalidated 
by  the  failure  of  the  inspectors  of  election  to  provide  doors 
or  screens  for  the  booths  used  at  the  election,  pursuant  lo 
N.  D.  Rev.  Codes,  Sec.  521,  requiring  inspectors  of  election 
to  provide  booths  where  voters  may  mark  their  ballots, 
screened  from  observation,  where  the  dereliction  was  free 
from  fraudulent  design,  and  did  not  interfere  with  the  sec- 
recy of  the  ballot,  the  voter's  body  and  the  sides  of  the  booth 
shielding  his  ballot  from  observation  while  he  was  marking 
it.    Perry  v.  Hackney,  11  N.  D.  148,  90  N.  W.  483. 

Duty  of  judges  and  canvassing  board;  return.]  Ques- 
tions of.  the  regularity  of  the  elections,  qualifications  of 
voters,  eligibility  of  candidates,  fraud  in  the  elections,  etc., 
are  exclusively  for  the  courts  in  the  proper  pro  eedings,  and 
are  not  matters  which  boards  of  canvassers  have  any  au- 
thority to  hear  or  determine.  Smith  v.  Lawrence,  2  S.  D. 
185,  49  N.  W.  7. 

A  poll  book,  with  the  entries  therein  provided  for  by  Dak. 
Comp.  Laws,  Sec.  1467,  sealed  and  forwarded  by  the  judge*) 


STATE  OF  NORTH  DAKOTA 253 

of  election  to  the  clerk  or  auditor,  is  the  only  document  the 
law  permits  the  county  canvassers  to  examine,  and  it  is  the 
only  document  that  should  control  or  govern  them  in  their 
actions;  and  they  should  disregard  any  other  document 
which  may  be  inclosed  with  the  poll  book,  although  it  pur- 
ports to  be  signed  by  the  judges  of  election  and  to  relate  to 
their  action  with  reference  to  certain  votes  cast  at  their 
precinct.    Smith  v.  Lawrence,  2  S.  D.  185,  49  N.  W.  7. 

The  purely  ministerial  duty  of  canvassing  the  official 
statements  of  election  returned  by  the  various  precinct  offi- 
cers, and  of  issuing  a  certificate  of  election  to  the  candidate 
who,  from  such  statements,  appears  to  have  the  greatest 
number  of  votes,  is  imposed  upon  the  county  canvassing 
board  by  N.  D.  Rev.  Codes,  Sees.  527,  547,  and  the  board  has 
no  authority  to  consider  any  other  record  of  the  votes,  cr 
the  votes  themselves,  in  determining  who  was  elected,  until 
the  validity  of  such  official  statements  of  election  has  been 
impeached  in  proper  judicial  proceedings.  State  ex  rel. 
Sunderall  v.  McKenzie,  10  N.  D.  132,  86  N.  W.  231. 

The  "returns"  of  election  which  the  county  canvassing 
board  is  instructed  by  N.  D.  Rev.  Codes,  Sec.  547,  to  receive 
and  consider  in  making  its  canvass,  consist  only  of  the  offi- 
cial statements  of  election  and  the  poll  book  certified  to  the 
board  of  the  officers  of  the  various  voting  precincts  under 
Sec.  526,  and  do  not  include  the  "tally  sheets"  kept  by  such 
officers;  nor  can  authority  to  examine  the  original  ballots 
be  derived  from  Section.  526,  providing  for  the  preservation 
of  the  ballot  boxes  intact  and  delivery  to  the  board  upon  its 
order.  State  ex  rel.  Sunderall  v.  McKenzie,  10  N.  D.  132,  86 
N.  W.  231. 

Tie  vote.]  Neither  candidate  for  a  county  office  is  entit- 
led to  be  declared  elected  by  the  canvassing  board  in  case 
of  a  tie  between  them  until  the  result  of  such  election  is  de- 
termined by  lot  upon  notice  and  in  the  manner  provided  by 
N.  D.  Rev.  Codes,  Sec.  528,  relating  to  the  duty  of  the  county 
auditor  in  case  of  tie  votes.  Howser  v.  Pepper,  8  N.  D.  48^, 
89  N.  W.  1018. 


Certificate  of  Election 

A  certificate  of  election  issued  by  a  canvassing  board  up- 
on a  count  of  votes  from  tally  lists  returned  to  them  with 
the  poll  books  of  a  precinct  must  be  cancelled,  when  it  ap- 
pears from  the  official  statements  returned  by  the  election 
officers  of  the  precinct  that  another  candidate  has  been 
elected.    Eakin  v.  Campbell,  10  N.  D.  416,  87  N.  W.  991. 


254  ELECTION  LAWS 


Ballots;  Marking 

The  requirement  of  N.  D.  Rev.  Codes,  Sec.  491,  as  amend- 
ed by  Laws  1897,  chap.  76,  prescribing  the  manner  of  mark- 
ing a  ballot,  is  peremptory  and  on  failure  to  comply  there 
with  the  ballot  must  be  disregarded.  Howser  v.  Pepper,  8 
N.  D.  848,  79  N.  W.  1018.  (Approved  in  Moody  v.  Davis,  13 
S.  D.  92,  82  N.  W.  410.) 

Form  and  sufficiency  of  mark.]  The  voting  mark  upon 
a  ballot  need  not  take  the  form  of  a  cross  mark,  under  N. 
D.  Rev.  Codes,  Sec.  491,  as  amended  by  Laws  1897,  chap.  76, 
but  may  be  either  a  "cross  or  mark."  Howser  v.  Pepper,  8 
N.  D.  484,  79  N.  W.  1018.  (Cited  in  note  47  L.  R.  A.  819  on 
Marking  Official  Ballot.) 

A  cross  at  the  head  of  a  party  ticket  is  not  effectual  for 
any  purpose  unless  made  in  the  circle,  under  S.  D.  Laws 
1893,  chap.  80,  Sees.  4,  6,  declaring  that  a  cross  made  in  the 
circle  at  the  head  of  a  party  ticket  is  a  vote  for  all  the  can- 
didates on  that  ticket.  Vallier  v.  Brakke,  7  S.  D.  343,  64  N. 
W.  180,  Rehearing  Denied  in  7  S.  D.  551,  64  N.  W.  1119.  Fol- 
lowed without  special  discussion  in  LeClaire  v.  Wells,  7  S. 
D.  428,  64  N.  W.  519.  Approved  in  Parmley  v.  Healy,  7  S. 
D.  403,  64  N.  W.  186,  McKittrick  v.  Pardee,  8  S.  D.  44,  65  N. 
W.  23,  Howser  v.  Pepper,  8  N.  D.  495,  79  N.  W.  1018.  Same 
Point,  Parmley  v.  Healy,  7  S.  D.  401,  64  N.  W.  186.  (Ap- 
proved in  McKittrick  v.  Pardee,  8  S.  D.  44,  65  N.  W.  23, 
Church  V.  Walker,  10  S.  D.  95,  72  N.  W.  101  (holding  that  a 
cross  made  outside  the  circle  at  the  head  of  a  party  ticket 
in  addition  to  the  cross  made  inside  the  circle  renders  it 
void.  Cited  in  note  (47  L.  R.  A.  830,  on  Marking  Official 
Ballot.) 

A  cross  mark  on  a  ballot  outside  the  square  intended  for 
such  mark  is  not  a  compliance  with  the  demands  of  N.  D. 
Rev.  Codes,  Sec.  491,  as  amended  by  Laws  1897,  chap.  76, 
that  the  mark  be  "in  the  square"  and  the  vote  cannot  be 
counted.  Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W.  1018. 
Cited  in  note  47  L.  R.  A.  830,  on  Marking  Official  Ballot. 

Marks  in  two  or  more  party  circles.]  Crosses  in  the  cir- 
cles at  the  head  of  two  or  more  party  tickets  neutralize  each 
other,  and  must  be  disregarded  as  to  all  tickets  so  marked, 
and  the  ballot  treated  as  though  no  cross  were  made  at  the 
head  of  any  party  ticket,  under  S.  D.  Laws  1893,  chap.  80, 
Sees.  4,  6,  providing  for  a  cross  in  only  one  of  such  circles. 
Vallier  v.  Brakke,  7  S.  D.  343,  64  N.  W.  180,  Rehearing  De- 
nied in  7  S.  D.  551,  64,  N.  W.  1119.  Followed  without  special 
discussion  in  LeClaire  v.  Wells,  7  S.  D.  428,  64  N.  W.  519. 
Approved  in  Parmley  v.  Healy,  7  S.  D.  403,  64  N.  W.  186, 


STATE  OF  NORTH  DAKOTA 255 

McMahon  v.  Polk,  10  S.  D.  302,  47  L.  R.  A.  830,  73  N.  W.  77, 
Moody  V.  Davis,  13  S.  D.  92,  82  N.  W.  410,  Perkins  v.  Ber- 
trand,  192  111.  64,  61  N.  E.  405  (counting  for  a  candidate 
agaist  whose  name  a  proper  cross  mark  had  been  placed,  a 
ballot  which  bore  cross  marks  at  the  heads  of  two  party  col- 
umns. Same  Point,  Parmley  v.  Healy,  7  S.  D.  401,  64  N.  W. 
186.  Cited  in  note  (47  L.  R.  A.  837)  on  Marking  Official  Bal- 
lot. 

A  ballot  which  bears  a  cross  after  the  name  of  each  of 
two  candidates  for  the  same  office,  but  showing  clearly  an 
attempt  to  erase  one  of  the  crosses,  will  be  counted  as  a  vote 
in  favor  of  the  candidate  the  cross  in  front  of  whose  name 
bears  no  signs  of  erasure.  Howser  v.  Pepper,  8  N.  D.  484,  79 
N.  W.  1018.  Cited  in  note  (47  L.  R.  A.  844)  on  Marking  Offi- 
cial Ballot. 

How  AND  WHEN  EFFECT  OF  MARK  IN  PARTY  CIRCLE  LIMITED.] 

The  effect  of  a  cross  mark  in  the  square  at  the  head  of  a 
party  column  on  an  election  ballot  to  include  all  the  candi- 
dates of  that  party  in  his  vote  is  nullified  to  the  extent  of 
particular  candidates  of  other  parties  for  whom  the  voter 
has  signified  his  intention  of  voting  t)y  placing  marks 
against  their  names.  Howser  vs.  Pepper,  8  N.  D.  484,  79  N. 
W.  1018. 

A  ballot  on  which  an  elector  makes  a  cross  in  the  circle  at 
the  head  of  a  one-party  ticket,  and  erases  no  name  thereon, 
must  be  counted  for  such  party  ticket  "throughout,'  undev 
S.  D.  Laws  1895,  chap.  80,  Sees.  4,  6,  notwithstanding  a  cross 
or  mark  opposite  the  name  of  any  candidate  on  any  othei 
ticket.  Vallier  v.  Brakke,  7  S.  D.  343,  64  N.  W.  180,  Rehear- 
ing  Denied  in  7  S.  D.  551,  64  N.  W.  1119.  Followed  without 
special  discussion  in  Le  Claire  v.  Wells,  7  S.  D.  428,  64  N.  W. 
519;  Church  v.  Walker,  10  S.  D.  94,  72  N.  W.  101.  Approved 
in  Parmley  v.  Healy,  7  S.  D.  403,  64  N.  W.  186.  Disapproved 
in  Howser  v.  Pepper,  8  N.  D.  496,  79  N.  W.  1018.  Cited  in 
note  (47  L.  R.  A.  837)  on  Marking  Official  Ballots.  Same 
Point,  Parmley  v.  Healy,  7  S.  D.  401,  64  N.  W.  186.  Cited  in 
note  (47  L.  R.  A.  837)  on  Marking  Official  Ballot. 

Writing  candidate's  name  on  ballot.]  A  ballot  which 
contains  no  cross  opposite  a  candidate's  name  will  be  count- 
ed in  his  favor  when  it  appears  that  his  rival's  name  has 
been  scratched  out  and  his  own  written  in  place  thereof  on 
the  proper  line.  Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W. 
1018.  Cited  in  note  (47  L.  R.  A.  841)  on  Marking  Official  Bal- 
lot. 

No  cross  or  other  mark  is  necessary  opposite  names  which 
have  been  written  or  pasted  upon  the  official  ballot  opposite 
the  office  to  be  voted  for,  under  N.  D.  Rev.  Codes,  Sec.  491, 


256  ELECTION  LAWS 


as  amended  by  Laws  1897,  chap.  76.    Howser  v.  Pepper,  8 
N.  D.  484,  79  N.  W.  1018. 

Unauthorized  or  identifying  marks.]  Unauthorized 
marks  upon  a  ballot  do  not  render  it  invalid  unless  made 
intentionally  and  in  such  way  that  a  third  person  can  ascer- 
tain without  other  aid  that  the  ballot  was  deposited  by  a 
particular  person.  Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W. 
1018.  Cited  in  note  (47  L.  R.  A.  825)  on  Marking  Official 
Ballot. 

Judges  of  election  should  presume  that  a  marking  upon 
a  ballot  of  a  cross  in  pencil  outside  of  a  party  circle  in 
which  a  cross  is  stamped  with  the  official  stamp  was  inad- 
vertently done  and  count  the  same,  unless  it  has  been  mark- 
ed intentionally  and  so  as  to  enable  a  third  person  to  de- 
termine from  inspection  of  it,  without  other  aid,  that  it  was 
deposited  by  a  particular  person.  Church  v.  Walker,  10  S. 
D.  450,  74  N.  W.  198,  Reversed  on  Rehearing  on  this  Point 
10  S.  D.  90,  72  N.  W.  101.  Approved  in  Howser  v.  Pepper,  8 
N.  D.  498,  79  N.  W.  1018.  Cited  in  note  (47  L.  R.  A.  826)  on 
Marking  Official  Ballot. 

A  ballot  should  not  be  thrown  out  because  it  is  somewhat 
defaced  by  ink  blots  where  they  do  not  apear  to  be  inten- 
tional or  to  have  been  made  for  the  purpose  of  marking  the 
ballots,  but  to  have  been  accidental,  resulting  mainly  from 
the  use  of  poor  paper  for  the  ballots.  Church  v.  Walker,  10 
S.  D.  90,  72  N.  W.  101,  Modified  on  Rehearing  in  10  S.  D. 
450,  74  N.  W.  198.  Cited  in  note  (47  L.  R.  A.  819)  on  Mark- 
ing Official  Ballot. 

A  cross  outside  a  square  on  an  election  ballot,  or  a  cross 
in  the  square  at  the  head  of  a  party  column  on  the  ballot 
followed  by  crosses  opposite  the  name  of  each  candidate 
and  crosses  opposite  the  blank  spaces  left  open  for  writing 
in  of  names,  are  not  identification  marks  per  se,  and  in  the 
absence  of  evidence  aliunde  that  they  were  so  intended  bal- 
lots displaying  them  will  be  counted.  Howser  v.  Pepper,  8 
N.  D.  484,  79  N.  W.  1013.  Cited  in  note  (47  L.  R.  A.  825)  on 
Marking  Official  Ballot. 

Official  stamps;  election  officers'  initials.]  Theri- 
quirement  of  N.  D.  Rev.  Codes,  Sec.  524,  that  a  ballot  must 
have  a  precinct  stamp  and  the  initials  of  the  inspector  is 
constitutional  and  mandatory.  Howser  v.  Pepper,  8  N.  D. 
484,  79  N.  W.  1018. 

The  requirement  of  N.  D.  Rev.  Codes,  Sec.  524,  that  a  vote 
in  order  to  be  valid  must  bear  the  oflicial  stamp  and  the 
initial  of  the  inspector  of  elections,  does  not  operate  to  d  •- 
stroy  the  voting  franchise  and  is  not  unconstitutional.    Mil- 


STATE  OF  NORTH  DAKOTA 257 

ler  V.  Schallern,  8  N.  D.  395,  79  N.  W.  865.  Approved  in 
Howser  v.  Pepper,  8  N.  D.  495,  79  N.  W.  1018.  Cited  in  note 
(47  L.  R.  A.  807)  on  Marking  Official  Ballot. 

Ballots  which  fail  to  show  the  initials  of  an  election  pre- 
cinct officer,  as  required  by  N.  D.  Rev.  Codes,  Sec.  524,  are 
void.  Lorin  v.  Seitz,  8  N.  D.  404,  70  N.  W.  869.  Cited  in  notvi 
(47  L.  R.  A.  809)  on  Marking  Official  Ballot. 

The  omission  of  the  official  stamp  or  the  inspector's  ini 
tials  from  a  ballot  in  disregard  of  the  mandatory  require- 
ments of  N.  D.  Rev.  Codes,  Sec.  524,  renders  the  ballot  voi  J, 
and  it  should  not  be  counted.  Miller  v.  Schallern,  8  S.  D. 
395,  79  N.  W.  865.  Approved  in  Lorin  v.  Seitz,  8  N.  D.  405, 
79  N.  W.  869.  Cited  in  note  (47  L.  R.  A.  809)  on  Marking 
Official  Ballot. 

A  "general  election'.'  referred  to  in  the  North  Dakota  reg- 
istration law  comprises  all  the  questions  and  offices  submit- 
ted on  the  Tuesday  after  the  first  Monday  in  November  in 
even  numbered  years.    Fitzmaurice  v.  Willis,  127  N.  W.  95. 

Under  the  sytem  of  elections  in  North  Dakota,  every  voter 
is  entitled  to  the  opportunity  to  vote  for  or  against  any  ques- 
tion submitted,  separately  and  independently  from  his  vote 
for  or  against  any  other  proposition  submitted.  Stern  v. 
Fargo,  18  N.  D.  289,  26.  L.  R.  A.  (N.  S.)  665,  122  N.  W.  403. 

Notice  of  election.]  Where  notice  was  given  that  an 
election  was  to  be  held  in  a  certain  building,  but  it  was  held 
at  a  place  two  blocks  away,  such  change  did  not  constitute 
such  an  irregularity  as  to  render  the  election  illegal  and 
void,  in  the  absence  of  a  showing  that  any  party  by  reason 
of  the  change  in  the  polling  place  had  been  injured  or  any 
elector  deprived  of  his  right  to  vote.  State  ex  rel.  Walklin 
V.  Shanks,  125  N.  W.  122. 

Place.]  Where  a  voting  place  at  a  primary  election  is 
duly  established  by  the  county  commissioners  at  a  certain 
place,  an  election  held  at  another  place  over  three  miles 
distant,  pursuant  to  a  resolution  of  a  majority  of  the  voters 
of  the  precinct  assembled  at  a  political  meeting,  is  unau- 
thorized, and  the  returns  of  the  election  at  such  place  should 
not  be  canvassed.  Elvick  v.  Groves,  17  N.  D.  561,  118  N.  W\ 
228. 

Ballot  as  distinguished  from  vote.]  A  majority  of  the 
votes  cast  upon  a  question  submitted  to  a  vote,  if  in  the 
affirmative,  carries  it,  unless  the  legislative  will  to  the  con- 
trary is  clearly  expressed  in  the  Constitution  or  the  law. 
State  ex  rel.  McCue  v.  Blaisdell,  18  N.  D.  31,  119  N.  W.  360. 

A  "ballot"  as  distinguished  from  a  vote,  is  the  sheet  ot' 
paper  on  which  the  voter  expresses  his  choice  of  candi- 


258  ELECTION  LAWS 


dates,  or  for  or  against  a  proposition,  or  both.    State  ex  reJ. 
McGue,  18  N.  D.  31,  119  N.  W.  360. 

Mandamus 

The  secretary  of  state  is  a  proper  but  not  a  necessary 
party  to  an  information  to  compel  the  county  auditor  to 
put  on  the  official  primary  ballot  the  name  of  a  candidate 
for  senator,  which  action  had  been  withheld  on  the  ground 
that  there  was  no  vacancy,  the  certifying  of  the  vacancy  be- 
ing a  ministerial  duty  of  the  Secretary.  State  ex  rel.  Wil- 
liams V.  Meyer,  127  N.  W.  834. 

Party  ballot.]  The  legislature  has,  within  reasonabl.} 
limits,  the  power  to  determine  how  many  voters  acting  to- 
gether for  the  purpose  of  making  nominations  shall  be  en- 
titled to  a  party  ballot,  and  the  North  Dakota  statute  pro- 
viding only  for  the  printing  of  ballots  for  parties  casting  5 
per  cent,  of  the  votes  cast  for  Governor  at  the  next  preced- 
ing election  is  a  reasonable  regulation  of  an  election  held  to 
make  party  nominations.  State  ex  rel.  Hagendorf  v.  Blais- 
dell,  127  N.  W.  720. 

A  certificate  of  nomination,  to  which  are  affixed  the  ri- 
quisite  number  of  signatures,  nominating  a  person  as  a  can- 
didate of  the  Socialist  party  for  a  state  office,  in  other  re- 
spects conforming  to  law,  is  a  valid  certificate,  and  entitles 
the  party  nominated  to  have  his  name  placed  in  the  columii 
provided  for  individual  nominations  on  the  Australian  bal- 
lot for  use  at  the  general  election.  State  ex  rel.  Cooper  v. 
Blaisdell,  17  N.  D.  575,  118  N.  W.  225. 

Right  to  have  name  printed  in  party  column,]  The  claim 
of  a  candidate  for  office  to  have  his  name  printed  in  the  reg- 
ular party  column  where  all  the  candidates  in  the  column 
can  be  voted  for  at  once  by  a  mark  at  the  head  of  the  col- 
umn, presents  a  question  of  substantial  right.  State  ex  rel. 
Howells  V.  Metcalf,  18  S.  D.  393,  67  L.  R.  A.  331,  100  N.  W. 
923. 

Printing  name  in  more  than  one  column.]  N.  D.  Rev. 
Codes  1899,  Sec.  491,  which  prohibits  the  printing  of  the 
name  of  candidate  for  office  in  more  than  one  column  of 
the  official  ballot,  is,  as  to  a  candidate  who  is  the  nominee 
of  a  single  political  party  and  the  nominee  of  electors  by 
petition,  a  reasonable  regulation  of  the  manner  of  exercis- 
ing the  right  of  suffrage,  and  is  valid  and  constitutional. 
State  ex  rel.  Fisk  v.  Porter  13  N.  D.  406,  67  L.  R.  A.  473;  100  N. 
W.  1080. 

Printed  stickers.]  Official  ballots  upon  which  the  elec- 
tor has  placed  printed  stickers  in  the  manner  provided  by 


STATE  OF  NORTH  DAKOTA  259 


statute  are  not  rendered  unofficial  by  that  fact,  and  must  be 
received  and  counted.  Roberts  v.  Bope,  14  N.  D.  311,  103  N. 
W.  935. 

Where  the  voter  indicates  his  choice  by  writing  the  name, 
upon,  or  by  pasting  a  printed  sticker  containing  the  name 
upon  the  official  ballot,  a  cross-mark  after  the  name,  so 
v^ritten  or  pasted  is  not  necesary  to  entitle  it  to  be  counted. 
Roberts  v.  Bope,  14  N.  D.  311,  103  N.  W.  935. 

The  fact  that  the  voter  has  attached  a  combination  of 
stickers,  covering  the  names  of  those  upon  the  stickers, 
without  severing  the  stickers  and  attaching  them  separately, 
does  not  render  the  ballot  invalid.  Roberts  v.  Bope,  14  N.  D. 
311,  103  N.  W.  935. 

Under  the  Australian  ballot  law  an  elector  may  indica*:c 
his  choice  by  writing  or  pasting  the  name  of  a  candidate  in 
the  space  provided  for  that  purpose,  and  over  the  names  of 
an  opposing  candidate,  even  though  the  name  so  written  or 
pasted  on  is  printed  on  the  official  ballot  in  another  column, 
and  it  must  be  counted.  Roberts  v.  Bope,  14  N.  D.  311,  103 
N.  W.  935. 

Registration  laws.]  The  prime  purpose  of  the  registra- 
tion law  is  to  prevent  the  perpetration  of  frauds  in  elec- 
tions, and  it  must  be  construed  in  the  light  of  such  object. 
The  object  of  the  meeting  of  the  board  of  registration  on  the 
dates  fixed  by  statute  preceding  each  general  election  is  to 
provide  for  the  preparation  of  the  registration  list,  which  h 
the  culmination  of  the  proceedings  of  the  board  of  registra- 
tion, without  which  their  meetings  and  acts  would  be  futile, 
as  well  as  all  other  provisions  of  the  registration  statute. 

It  is  held  that,  under  all  ordinary  circumstances,  the  pres- 
ence and  use  of  such  a  list  on  the  day  of  election  in  citie.-i 
coming  under  the  terms  of  the  registration  law  is  mand  i- 
tory,  and  that  all  votes  received  in  the  absence  of  such  list, 
and  without  being  accompanied  by  the  affidavit  required  of 
nonregistered  voters,  must  be  rejected.  Fitzmaurice  v.  Wil- 
lis, 20  N.  D.  372. 

County  superintendent.]  Sec.  764,  Rev.  Codes  1905, 
which  prescribes  that  at  each  general  election  there  shall  bo 
elected  in  each  county  a  superintendent  of  schools,  whose 
term  shall  be  two  years  "and  until  his  successor  is  elected 
and  qualified,"  is  a  constitutional  and  valid  enactment. 

Incumbent  holds  office.]  Following  the  rule  announced 
in  State  ex  rel.  Bickford  v.  Babrick,  16  N.  D.  94,  112  N.  W. 
74,  held  that  under  such  statute  the  regularly  elected  in- 
cumbent of  the  office  is  entitled  to  hold  the  same  until  his 
successor  is  legally  elected  and  qualified. 


260  ELECTION  LAWS 


A  person  who  is  ineligible  to  hold  a  public  office  cannot 
be  elected  thereto,  and  his  election  is  a  nullity.  The  word 
"elected,"  as  used  in  Sec.  764,  Rev.  Codes  1905,  signifies  an 
election  of  a  qualified  successor  to  the  incumbent. 

The  incumbent  of  a  public  office,  who  has  the  right  to 
hold  over  until  his  successor  is  elected  and  qualified,  has 
such  a  special  interest  as  enables  him  to  maintain  an  action 
under  the  provisions  of  chap.  25,  Code  Civ.  Proc.  (Sees.  7349 
et  seq..  Rev.  Codes  1905)  against  one  who  intrudes  himself 
into  such  office,  unless  such  right  has  been  lost  or  waived  in 
some  manner  either  by  the  voluntary  surrender  of  the  office 
or  by  some  other  equivalent  act.  Jenness  v.  Clark,  21  N.  D. 
150. 

Nominations.]  Chapter  213  of  the  Session  Laws  of  1911, 
providing  for  party  enrollment  of  electors  by  assessors  be- 
fore primary  election,  and  prescribing  the  form  of  affidavit 
to  be  so  required  of  each  elector  to  entitle  him  to  enrollment 
as  a  partisan,  and  to  qualify  him  to  vote  at  the  coming  pri- 
mary election,  construed  and  held : — 

The  legislature  has  the  right  to  require  nomination  to  be 
made  at  primary  elections  by  the  use  of  a  ballot,  and  may 
provide  that  such  election  shall  be  conducted  within  or- 
ganized political  parties,  and  may  deny  the  right  to  vote  to 
those  electors  not  belonging  to  any  organized  political  party, 
and  may  require  as  a  reasonable  test  to  party  fealty  that  the 
elector  shall  subscribe  an  oath  stating  that  he  belongs  to  an 
organized  political  party,  and  requiring  him  to  designate  it 
therein  by  name. 

(a)  The  law  requiring  such  a  test  and  making  the  re- 
quired oath  a  condition  precedent  to  the  right  of  an  elector 
to  participate  at  the  party  primary  election  is  not  uncon- 
stitutional as  prescribing  an  added  franchise  requirement, 
or  as  restricting  the  right  of  suffrage,  or  as  violating  the 
secrecy  of  the  ballot,  within  the  meaning  of  Sees.  121,  122, 
and  129,  of  our  state  Constitution. 

(b)  Said  constitutional  provisions,  a  part  of  art.  5  of  the 
state  Constitution,  are  applicable  to  the  extent  of  limiting 
such  primary  election  to  constitutional  electors  and  guar- 
cintying  a  secret  ballot  at  primaries,  but  are  limited  in  appli- 
cation by  the  purpose  for  which  the  election  is  by  the  legis- 
lature provided,  the  power  to  declare  such  purpose  being 
reserved  to  it  by  said  constitutional  provisions.  The  con- 
stitutional rights  of  the  elector  are  not  paramount  to  such 
contemplated  legislative  purpose;  and  a  party  primary  elec- 
tion law  is  not  rendered  unconstitutional  because  the  right 
of  suffrage  at  the  primary  is  made  dependent  upon  the  as- 


STATE  OF  NORTH  DAKOTA 261 

sertion  of  a  partisan  belief  by  the  elector,  and  because  such 
election  regulations  forbid  an  elector  from  voting  who  be- 
longs to  no  political  party. 

2.  The  portion  of  the  statutory  affidavit  exacted  upon 
enrollment,  providing  for  proof  of  naturalization,  is  uncon- 
stitutional, because  in  operation  it  disfranchises  from  par- 
ticipating in  any  party  primary  election  those  electors  nat- 
uralized by  being  within  the  terms  of  the  act  of  Congress 
naturalizing  certain  foreign  born  residents  within  the  lim- 
its of  this  state  at  the  time  of  its  admission  into  the  Union. 
That  said  act  is  likewise  void  because  it  excludes  those 
electors  similarly  naturalized  by  act  of  Congress  because  of 
having  been  residents  of  other  states  upon  the  admission  of 
such  states  into  the  Union.  Except  as  to  such  feature  of  the 
statute  requiring  proof  of  naturalization  ,the  statute  re- 
mains unaffected  and  in  force. 

3.  The  statute  in  question  contemplates  that  both  the 
minor  reaching  majority  on  or  prior  to  election  day,  but 
after  the  return  of  the  enrollment  books  to  the  auditor,  and 
any  male  person  of  legal  age  naturalized  by  court  decree 
during  said  period,  may  vote,  and  does  not  discriminate  be- 
tween the  new  voter  and  such  naturalized  elector,  both  of 
whom  may  participate  at  the  primary  election  upon  taking 
the  oath  required  by  the  act,  and  similar  to  that  provided 
by  Sec.  738,  Rev.  Codes  1905. 

Note. — The  authorities  on  the  constitutionality  of  pri- 
may  election  laws  are  collated  in  a  note  to  the  above  case  as 
reported  in  41  L.  R.  A.  (N.  S.)  132,  which  is  supplementary 
to  the  note  in  22  L.  R.  A.  (N.  S.)  1136,  on  the  same  subject. 
As  to  the  constitutionality  of  legislation  affecting  party  rep- 
resentation on  official  ballot,  see  note  in  35  L.  R.  A.  (N.  S.) 
353.  For  the  question  whether  primary  elections  are  elec- 
tions within  Constitution  or  statutes  relating  to  elections 
generally,  see  note  in  18  L.  R.  A.  (N.  S.)  412.  As  to  constitu- 
tionality of  a  statute  prohibiting  the  nominating,  recom- 
mending, or  censuring  of  specified  officers  by  certain  organ- 
izations or  at  desij^nated  elections,  including  primary  elec- 
tions, see  note  in  23  L.  R.  A.  (N.  S.)  839.  The  question  of 
the  constitutionality  of  legislation  restricting  candidates  to 
one  place  on  ballot  is  the  subject  of  a  note  in  37  L.  R.  A.  (N. 
S.)  825.  State  Ex  Rel.  Miller,  Attorney  General,  et  al.  v. 
Flaherty,  County  Auditor,  23  N.  D.  313. 

Contests  OF  nominations.]  The  provisions  of  chap.  109, 
known  as  the  primary  election  law,  in  so  far  as  they  relate 
to  contests  of  nominations,  construed  and  held,  that  such 
contests  must  be  initiated  by  serving  upon  the  contestec 


262  ELECTION  LAWS 


within  ten  days  after  the  completion  of  the  canvass  of  the 
ballots,  an  allidavit  of  contest  setting  forth  the  grounds 
therefor,  and  that  the  affidavit  mentioned  in  Sec.  31  of  said 
act,  which  may  be  made  on  information  and  behalf  as  a  basis 
for  procuring  an  order  for  a  recount  of  the  ballots,  is  not 
the  affidavit  of  contest  elsewhere  referred  to  in  said  section. 
Olesen  v.  Hoge,  23  N.  D.  648. 

Establishment  of  voting  precincts.]  In  accordance  with 
Elvick  V.  Groves,  17  N.  D.  561,  118  N.  W.  228,  is  held  that 
where  a  voting  place  is  duly  established  by  the  county  com- 
missioners, an  election  held  at  another  place  a  considerablf. 
distance  therefrom  in  the  absence  of  special  reasons,  is  un- 
authorized, and  the  returns  thereof  should  not  be  canvass- 
ed. 

Members  of  a  canvassing  board  are  presumed  to  know 
the  locality  of  the  designated  voting  places,  and  to  take 
notice  of  the  geography  of  the  townships  in  their  jurisdij- 
tion,  and  when  returns  clearly  indicate  that  an  election  was 
held  at  a  point  distant  from  the  designated  place  such 
board  is  justified  in  declining  to  canvass  such  returns,  in 
the  absence  of  special  considerations.  The  trial  court 
found,  on  inquiring  into  the  facts,  and  on  the  demurrer  and 
motion  above  referred  to,  in  substance  that  on  a  contest  iu 
election  there  would  be  no  justification  for  changing  the 
certificate  issued  by  the  canvassing  board,  and  declined  to 
issue  its  writ  of  mandate.  Held,  that  this  was  not  an  abuse 
of  its  discretionary  power.  State  Ex  Rel.  Johnson  et  al  v 
Thomas  Ely  et  al.  23  N.  D.  619. 

Validity  of  primary  nominations.]  The  validity  of  nom- 
inations properly  certified  and  filed  with  the  secretary  of 
state  in  pursuance  of  N.  D.  Rev.  Codes,  Sec.  500,  may  be  at- 
tacked by  any  interested  citizen,  and  their  certification  to 
county  auditor  by  the  secretary  enjoined  if  their  invalidity  is 
established.  State  e^  rel.  Plain  v.  Fallev,  8  N.  D.  90,  76  N.  W. 
996. 

Certificate  of  nomination;  time  of  filing.]  A  certificate 
of  nomination  filed  with  the  secretary  of  state  is  invalid 
where  it  fails  to  comply  with  N.  D.  Rev.  Codes,  Sec.  499,  re- 
quiring the  certificate  of  nomination  to  state  the  name  of 
the  office  for  which  the  person  named  therein  is  nominated. 
State  ex  rel.  Anderson  v.  Falley,  9  N.  D.  464,  83  N.  W.  913. 

The  provision  of  N.  D.  Rev.  Codes,  Sec.  503,  requiring 
certificates  of  nomination  to  be  filed  with  the  secretary  of 
state  not  less  than  thirty  days  before  the  date  fixed  for  the 
election,  is  mandatory,  and  a  certificate  filed  less  than  th  it 
period  is  invalid.  State  ex  rel.  Anderson  v.  Falley,  9  N.  D. 
464,  83  N.  W.  913. 


STATE  OF  NORTH  DAKOTA 263 

The  provision  of  N.  D.  Rev.  Codes,  Sec.  5127,  declaring 
that  whenever  an  act  of  a  secular  nature  is  appointed  by 
law  or  contract  to  be  performed  upon  a  particular  da}' 
which  falls  upon  a  holiday,  such  act  may  be  performed 
upon  the  next  business  day,  does  not  apply  to  N.  D.  Rev. 
Codes,  Sec.  503,  requiring  certificates  of  nomination  to  be 
f'led  with  the  secretary  of  state  not  less  than  thirty  days 
before  an  election,  as  the  latter  section  does  not  prescribe 
an  act  to  be  performed  upon  a  particular  day,  but  simply 
requires  the  act  to  be  done  not  less  than  a  prescribed  num- 
ber of  days  before  the  election.  State  ex  rel.  Anderson  v. 
Falley,  9  N.  D.  464,  83  N.  W.  913. 

The  provisions  of  N.  D.  Rev.  Codes,  Sec.  503,  requiring 
the  filing  of  certificates  of  nominations  with  the  secretary 
of  state  not  less  than  thirty  days  before  election,  are  not 
complied  with  by  the  filing  of  a  void  certificate  more  than 
thirty  days  before  the  election  and  the  subsequent  filing  oi 
an  amended  certificate,  curing  the  defect,  less  than  thirty 
days  before  the  election.  State  ex  rel.  Anderson  v.  Falley, 
9  N.  D.  464,  83  N.  W.  913. 

A  certificate  purporting  to  fill  a  vacancy  in  a  nomination, 
presented  for  filing  less  than  thirty  days  before  an  election, 
stating  neither  the  cause  of  the  vacancy,  whether  by  resig- 
nation, declination,  or  death,  in  the  original  nomination, 
nor  the  authority  to  fill  it  nor  giving  the  name  of  the  one 
whose  place  it  is  to  be  filled,  does  not  comply  with  S.  D. 
Sess.  Laws  1891,  chap.  57,  and  should  not  be  filed,  nor  the 
name  of  the  nominee  thus  designated  printed  on  the  ballots. 
Lucas  V.  Ringsrud,  3  S.  D.  355,  53  N.  W.  426.  Approved  in 
State  ex  rel.  Anderson  v.  Falley,  9.  N.  D.  466,  83  N.  W.  913. 
Distinguished  in  Stackpole  v.  Hallahan,  16  Mont.  58,  28  L. 
R.  A.  502,  40  Pac.  80,  holding  that  Sees.  11  and  12  of  the 
Montana  Australian  ballot  law  of  March  13,  1889,  requiring 
that  a  nomination  certificate  state  the  nominee's  business 
address,  will  not  be  held  mandatory  after  an  election,  the 
effect  of  which  w^ould  be  absolutely  to  disfranchise  a  plural- 
ity of  the  voters  of  the  district. 

When  no  certificate  of  original  nomination  has  been  filed 
in  the  office  of  the  secretary  of  state,  there  can  be  no  sub- 
stitution of  names  of  nominees,  under  S.  D.  Sess.  Laws  1891, 
chap.  57,  because  the  secretary  of  state  has  nothing  in  his 
office  showing  who  had  been  orignally  named  for  the  office, 
and  whose  place  the  substitute  is  to  fill.  Lucas  v.  Ringsrud, 
3  S.  D.  355,  53  N.  W.  426.  Approved  in  State  ex  rel.  Ander- 
son V.  Falley,  9  N.  D.  465,  83  N.  W.  913. 

Political  parties.]  Political  parties  are  not  the  creatures  of 
law  but  result  from  the  voluntary  association  of  electors 


264  ELECTION  LAWS 


and  have  inherent  powers  to  regulate  their  own  afTairs,  sub- 
iect  to  reasonable  legislative  regulation.  Morrow  v.  Wipf, 
22  S.  D.  146,  115  N.  W.  1121. 

N.  D.  Laws  1907,  chap.  109,  known  as  the  primary  election 
law,  is  not  intended  to  provide  for  and  regulate  the  nomina- 
tion of  candidates  who  do  not  stand  for  or  represent  a  poli- 
tical principal  or  party;  it  being  intended  only  to  regulate 
party  nominations.  State  ex  rel.  Hagendorf  v.  BlaisdeJl, 
127  N.  W.  720. 


Nomination  by  Direct  Vote 

It  is  competent  for  the  legislature  to  provide  for  the  nom- 
ination of  party  candidates  for  elective  offices  by  a  direct 
vote  of  the  members  of  the  different  political  parties  at  an 
election  for  that  purpose.  State  ex  rel.  Montgomery  v.  An- 
ders, 18  N.  D.  149,  118  N.  W.  22. 

While  the  legislature  has  the  power  to  provide  for  nom- 
inations by  a  direct  vote,  and  to  prescribe  rules  and  regula- 
tions for  the  conduct  of  primary  elections  and  the  govern- 
ment of  political  parties,  such  rules  and  regulations  must 
be  reasonable,  and  operate  on  voters  and  candidates  of  the 
same  class  with  substantial  equality,  but  absolute  equality 
in  all  things  is  not  a  necessary  requirement.  State  ex  rel. 
Montgomery  v.  Anderson,  18  N.  D.  149,  118  N.  W.  22. 

Designation  of  political  party.]  While  authorities  are 
not  in  harmony  as  to  what  principles  constitute  the  princi- 
ples of  Socialism,  their  main  tenets  are  sufficiently  under- 
stood and  agreed  upon,  so  the  word  "Socialist"  may  be  used 
to  designate  a  political  party.  State  ex  rel.  Cooper  v.  Blais- 
dell,  17  N.  D.  575, 118  N.  W.  225. 

Change  of  voting  place.]  It  is  only  in  case  of  emergency 
or  extraordinary  circumstances  that  a  change  of  a  voting 
place  at  a  primary  election  should  be  upheld.  Elvick  v. 
Groves,  17  N.  D.  561,  118  N.  W.  228. 

Qualification  and  challenge  of  voters.]  A  primary  elec- 
tion is  an  "election"  within  the  constitutional  provision 
which  prescribes  the  qualifications  of  voters  at  "any  elec- 
tion." Johnson  v.  Grand  Forks  County,  16  N.  D.  363, 126  Am. 
St.  Rep.  662,  113  N.  W.  1071.  Cited  in  note  18  L.  R.  A.  (N. 
S.)  412,  on  "primary  elections"  as  within  Constitution  or 
statute  relating  to  elections  generally. 

That  part  of  the  Primary  Election  Law  providing  that  a 
voter  at  a  primary  might  be  challenged  on  the  ground  that 
he  is  not  a  member  of  the  party  whose  ticket  he  is  voting, 
and  be  required  to  swear  that  he  is  a  member  of  such  party 


STATE  OF  NORTH  DAKOTA  2G5 

in  good  faith  and  that  he  intends  to  support  the  principles 
and  candidates  nominated  at  such  primary,  is  valid  as  tend- 
ing to  conserve  the  purposes  sought  to  be  accomplished  and 
does  not  preclude  the  voter  from  supporting  the  party  of 
his  choice,  nor  does  it  conflict  with  the  Constitution  in  that 
it  adds  to  the  qualifications  of  electors  prescribed  thereby. 
Morrow  v.  Wipf,  22  S.  D.  146,  115  N.  W.  1121. 

Name  on  Ballot 

The  courts  have  power  to  compel  the  county  auditor  to 
put  the  names  of  candidates  for  senator  on  the  primary 
election  ballot,  and  in  so  doing  do  not  infringe  N.  D.  Const. 
Sec.  47,  making  the  house  judges  of  the  election  returns  and 
qualifications  of  their  own  members.  State  ex  rel.  Williams 
V.  Meyer,  127  N.  W.  834. 

Ballots.]  A  petition  to  have  one's  name  placed  on  a 
primary  election  ballot  is  too  late  on  the  last  statutory  day 
if  it  is  a  legal  holiday.  State  ex  rel.  Miller  v.  Burnham,  127 
N.  W.  504. 

A  citizen  and  elector  may  institute  a  proceeding  to  enjoin 
the  secretary  of  state  from  certifying  to  the  various  county 
auditors  the  names  of  candidates  for  nomination  for  the 
office  of  United  States  Senator  for  the  purpose  of  having 
such  names  placed  upon  the  general  election  ballots,  where 
it  is  alleged  that  the  statute  in  pursuance  of  which  certain 
certifications  would  be  made  is  unconstitutional  and  void, 
and  he  has  requested  such  proceeding  to  be  instituted  by 
the  attorney  general,  and  the  latter  has  refused  such  re- 
quest. State  ex  rel.  McCue  v.  Blaisdell,  18  N.  D.  55,  24  L.  R. 
A.  (N.  S.)  465,  118  N.  W.  141. 

Certificates  of  Nomination 

Certificates  of  nomination,  provided  for  by  N.  D.  Rev. 
Codes  1899,  Sec.  501,  need  not  be  verified.  State  ex  rel. 
Cooper  V.  Blaisdell,  17  N.  D.  575,  118  N.  W.  255. 

In  the  performance  of  his  duties  as  secretary  of  state,  In 
certifying  the  names  of  candidates  for  state  offices  to  the 
different  county  auditors  for  printing  upon  the  ballot  to  be 
used  at  the  general  election,  the  secretary  acts  in  a  min- 
isterial capacity;  and,  when  certificates  of  nomination  filed 
with  him  are  legal  in  form,  it  is  not  any  part  of  his  duty  to 
examine  into  the  facts  recited  in  such  certificates  to  ascer- 
tain their  truth  or  falsity.  State  ex  rel.  Cooper  v.  Blaisdell, 
17  N.  D.  575, 118  N.  W.  225. 

The  primary  election  law  of  this  state,  is  common  with  all 
general  lav7§  regulating  the  elective  franchise,  is  in  all  its 


266  ELECTION  LAWS 


parts  within  the  constitutional  requirements  that  it  must  b'i 
just  and  reasonable,  must  have  a  uniform  operation  through- 
out the  state,  and  must  bear  with  substantial  equality  upon 
parties,  candidates,  and  all  classes  of  citizens.  State  ex  rel. 
Dorval  v.  Hamilton,  20  N.  D.  592. 

Contests  of  Election 

Ballots  objected  to  because  of  marks  are  properly  brought 
up  on  appeal  in  an  election  contest  by  a  bill  of  exceptions, 
as  the  interpretation  or  construction  to  be  given  the  mark- 
ings upon  them  presents  a  question  of  law  for  the  court, 
and  not  a  question  of  fact  for  the  jury.  Church  v.  Walker, 
10  S.  D.  90,  72  N.  W.  101,  Modified  on  Rehearing  in  10  S.  D. 
450,  74  N.  W.  198. 

The  decision  of  the  trial  court  upon  the  question  whether 
certain  ballots  should  be  accepted  or  rejected  may  be  re- 
viewed on  appeal,  where  the  ballots  in  question  were,  by  aa 
order  and  certificate  of  the  trial  court,  expressly  made  a 
part  of  the  respective  findings  of  fact  to  which  the  same  re- 
late. McMahon  v.  Polk,  10  S.  D.  296,  47  L.  R.  A.  830,  73  N. 
W.  77. 

Ballots.]  Original  ballots  are  the  best  evidence  from 
which  to  determine  the  result  of  an  election.  Howser  v. 
Pepper,  8  N.  D.  484,  79  N.  W.  1018. 

The  court  must  exclude  ballots  offered  in  evidence  on  an 
election  contest,  when  it  appears  that  deviations  have  been 
made  from  the  official  method  of  keeping  them,  as  prescrib- 
ed in  N.  D.  Rev.  Codes,  Sec.  526,  which  necessarily  resulted 
in  exposing  ballots  to  unauthorized  persons,  though  if  such 
deviations  have  been  only  slight,  or  such  as  do  not  necessar- 
ily cast  doubt  upon  the  identify  and  safe  preservation  of  the 
ballots,  the  jury  may  pass  upon  the  question  of  identifv. 
Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W.  1018. 

Ballots  will  not  be  received  in  evidence  which  are  con- 
tained in  boxes,  the  custody  of  which  after  election  is  not 
retained  by  the  election  inspector,  as  provided  for  in  N.  D. 
Rev.  Codes,  Sec.  526,  but  which  are  left  within  reach  of  un- 
authorized persons  for  a  period  of  over  two  months  prior 
to  the  trial  at  which  the  votes  which  they  contain  are  re- 
quired as  evidence.  Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W. 
1018.  Approved  in  McMahon  v.  Crockett,  12  S.  D.  15,  80  N. 
\V.  136. 

The  presumption  in  favor  of  the  identity  of  ballots  kept 
in  the  manner  provided  by  statute  is  rebutted  by  proof  of 
failure  to  comply  with  the  statute,  and  the  burden  is  cast 
upon  the  party  demanding  a  recount  to  establish  that  the 


STATE  OF  NORTH  DAKOTA 267 

ballots  have  not  been  tampered  with.    Howser  v.  Pepper,  8 
N.  D.  484,  79  N.  W.  1018. 

An  allegation  in  an  election  contest  that  plaintiff  was 
"duly  elected"  having  received  a  majority  of  the  legal  votes 
cast  at  the  election  is  not  denied,  so  as  to  render  necessary 
the  introduction  of  evidence  that  plaintiff  possesses  the 
requisite  qualifications,  by  a  mere  denial  that  he  received  a 
majority  of  the  votes.  Church  v.  Walker,  10  S.  D.  90,  72  N. 
W.  101,  Modified  on  Rehearing  in  10  S.  D.  450,  74  N.  W.  198. 

One  voting  at  an  election  who  is  claimed  on  an  election 
contest  not  to  have  been  a  qualified  elector  may  be  asked  as 
a  witness  on  direct  examination  generally  for  whom  he 
voted,  where  no  question  of  personal  privilege  is  involved, 
and  may  be  cross-examined  in  regard  to  the  manner  of 
marking  his  ballot.  Vallier  v.  Brakke,  7  S.  D.  343,  64  N.  W. 
180.  Rehearing  Denied  in  7  S.  D.  551,  64  N.  W.  1119.  Fol- 
lowed without  special  discussion  in  Le  Claire  v.  Wells,  7  S. 
D.  428,  64  N.  W.  519. 

In  contest  of  title  to  office.]  In  an  action  to  try  title  to 
office  the  burden  of  proof  is  upon  the  plaintiff  and  he  can- 
not prevail  merely  by  reason  of  the  weakness  of  defendant's 
title.    Holan  v.  Beck,  125  N.  W.  1048., 

In  an  action  to  oust  a  predecessor  in  office  who  retains 
possession  plaintiff  must  show  not  only  an  actual  vacancy 
in  office  but  a  valid  appointment  thereto.  Holtan  v.  Beck, 
125  N.  W.  1048. 

The  fact  that  a  duly  elected  and  qualified  sheriff  continues 
to  hold  office  and  to  resist  demands  that  he  surrender  the 
same  after  the  place  of  his  residence  prior  to  election  has 
been  separated  from  the  county  is  sufficient  to  rebut  the 
presumption  of  continuity  of  residence  by  the  stronger  pre- 
sumption against  the  commission  of  an  unlawful  act.  Hol- 
tan V.  Beck,  125  N.  W.  1048. 


268  ELECTION  LAWS 


Computing  Time 

Election  notices  and  terms  of  office  are  construed  under 
the  same  general  rules,  though  there  are  some  exceptions 
and  variations,  especially  with  reference  to  election  notices, 
which  are  usually  to  be  computed  backward  from  the  time 
of  the  election. 

Thus,  under  a  statute  providing  that  certificates  of  nom- 
ination for  candidates  shall  be  filed  with  the  secretary  of 
the  commonwealth  at  least  sixty-six  days  before  the  day  of 
the  election,  a  certificate  filed  on  the  13th  of  September  is 
in  season  within  the  rule  for  the  computation  of  time  re- 
quiring the  last  day  to  be  excluded  but  including  the  first, 
where  election  was  to  be  held  November  8.  Certificates  of 
Nomination,  1  Pa.  Dist.  R.  759.    49  L.  R.  A.  244. 

And  the  term  "five  days  exclusively"  in  a  statute  provid- 
ing for  notice  of  town  meeting  means  five  days  inclusive  of 
the  day  on  which  the  notice  is  posted,  but  exclusive  of  the 
day  on  which  the  meeting  is  to  be  held,  so  that  therefore,  a 
meeting  warned  on  the  26th  of  September,  to  be  held  on  the 
30th  of  September,  is  not  legally  warned.  Brooklyn  Trust 
Co.  V.  Hebron,  51  Conn.  22.    49  L.  R.  A.  244. 

But  where  a  voter  is  required  by  law  to  file  an  oath  in  a 
designated  office  at  least  live  days  before  the  day  of  elec- 
tion, the  five  days  will  be  computed  by  excluding  the  day  of 
filing  where  including  it  would  lead  to  a  forfeiture  of  the 
office.  State  ex  rel.  Reitemeyer  v.  Gasconada  County  Ct.  33 
Mo.  102.    49  L.  R.  A.  244. 


Restricting  Vote  When  Several  Officers  Are  To  Be  Chosen 
For  the  Same  Office 

The  case  of  Com.,  McCormick,  v.  Reeder,  33  L.  R.  A.  141, 
holds  that  Pa.  act  June  24,  1894,  providing  for  an  election 
of  seven  judges  and  restricting  the  right  of  an  elector  to 
vote  for  only  six  candidates  upon  one  ballot  for  said  office 
is  not  contrary  to  Pa.  Const.  1874,  art.  8,  Sec.  1,  providing 
that  an  elector  shall  be  entitled  to  vote  at  all  elections.  This 
is  a  recent  statute  and  decisions  along  similar  lines  are  very 
few.  The  decision  is  based  largely  upon  the  fact  that  sim- 
ilar statutes  in  that  state  have  been  in  force  for  many  years 
and  not  disputed.  It  was  held  that  the  right  "to  vote  at  all 
elections'  is  not  equivalent  to  the  right  to  vote  "for  every 
candidate  of  a  group  of  candidates  for  the  same  office." 
This  case  distinguishes  the  Ohio  case  of  State  v.  Constan- 
tine,  which  held  that  "the  right  of  each  elector  to  vote  for 
each  office  to  be  filled  at  an  election  has  never  been  doubt 
ed,"  and  says  "in  Pennsylvania  the  right  of  the  legislature 


STATE  OF  NORTH  DAKOTA 2G9 

to  limit  the  vote  to  a  less  number  than  all  of  the  oflicers  to 
be  elected  has  never  been  doubted,"  and  bases  the  conclu- 
sion on  the  fact  that  the  historical  interpretation  in  Pennsyl- 
vania has  been  wholly  different. 

Acquiring  Residence  as  Voter  While  Attending  School  or 
Public  Institution 

Some  of  the  states  have  a  constitutional  provision  to  the 
effect  that  a  residence  is  not  gained  or  lost  by  reason  of  em- 
ployment in  the  service  of  the  United  States,  or  state,  nor 
while  kept  at  an  almshouse  or  asylum.  This  leaves  the 
question  to  be  determined  by  evidence  outside  of  the  fact 
of  presence  at  such  institution  , although  a  residence  ma3^ 
be  gained  there. 

It  is  generally  held  that  the  inmates  of  a  soldiers'  home 
do  not  acquire  the  right  to  vote  by  reason  of  their  residence 
in  such  institutions,  but  there  are  many  things  to  be  con- 
sidered in  regard  to  the  qualifications  of  a  voter  as  to  his 
acquiring  a  new  residence;  abandonment  of  his  former  resi- 
dence, and  the  intention  to  make  a  change,  are  all  factors 
in  determining  the  question  of  his  right  to  vote.  Silvey  v. 
Lindsay,  107,  N.  Y.  55,  reversing  42  Hun.  116.  Nor  does  he 
acquire  a  new  residence  by  being  in  the  government  ser- 
vice at  a  certain  place.  People  v.  Holden,  28  Cal.  123;  Peo- 
ple V.  Riley,  15  Cal.  48. 

Residence  on  lands  ceded  to  the  United  States  for  navy 
yards,  forts,  and  arsenals  does  not  give  the  right  to  vote  at 
state  elections  in  such  territory.  Opinion  of  the  Justices,  1 
Met.  580;  Re  Highlands,  48  N.  Y.  S.  R.  795. 

Inmates  of  Almshouse  and  Hospitals 

A  pauper  inmate  of  a  poorhouse  does  not  acquire  there- 
by residence  in  a  township  in  which  a  poorhouse  is  located, 
so  as  to  enable  him  to  vote  there.  Clark  v.  Robinson,  88  III. 
498;  Dale  v.  Irwin,  78  111.  170;  Esker  v.  McCoy  (Ohio)  6  Am. 
L.  Rec.  694;  Covode  v.  Foster,  4  Rrewst.  (Pa.)  414. 

But  in  the  case  of  Re  Elk  Twp.  Election,  14  N.  J.  L.  J.  263, 
it  was  held  that  an  aged  man  who  had  been  for  a  year  or 
two  working  for  farmers  in  that  township,  and  whose  only 
home  was  the  county  poorhouse  in  that  township,  was  en- 
titled to  vote  in  that  place.    23  L.  R.  A.  215. 

And  a  voter  who  left  his  place  of  residence  with  no  inten- 
tion of  ever  returning,  and  finally  went  to  another  townshij) 
to  the  county  infirmary,  with  the  intention  to  remain  there 
permanently,  having  no  family  and  no  other  home,  with  no 
intention  of  removing,  and  having  no  settlement  in  any 


270  ELECTION  LAWS 


township,  is  entiled  to  vote  where  such  infirmar}^  is  situat- 
ed.   Mallannee  v.  Hills,  2  Week,  L.  Bull.  61.    23  L.  R.  A.  215. 

So  where  there  is  no  constitutional  or  statutory  provis- 
ions against  an  inmate  of  an  almshouse  acquiring  a  resi- 
dence at  such  place,  he  may  change  his  residence  from  his 
township  and  adopt  and  select  one  where  the  almshouse  is 
located  as  his  residence,  if  he  is  a  voter  and  has  no  family 
in  another  township.     Sturgeon  v.  Korte,  34  Ohio  St.  525. 

Persons  at  hospitals  under  treatment  do  not  hereby  ob- 
tain a  residence  there  for  the  purpose  of  voting.  Election 
Law,  9  Phila.  497. 

Students 

A  student  at  college,  who  is  there  for  the  sole  purpose  of 
obtaining  an  education,  does  not  thereby  necessarily  ac- 
quire the  right  to  vote  at  that  place.  Allentown  Contested 
Election  Case,  8  Phila.  575;  Rep.  of  Jud.  Gomm.  Gush.  Mass. 
Election  Gases,  436;  Vanderpoel  v.  O'Hanlon,  53  Iowa,  246, 
36  Am.  Rep.  216.  And  is  not  entitled  to  vote  there,  unless 
it  was  his  intention  to  remain  permanently,  or  for  some 
indefinite  time,  although  he  abandoned  his  father's  housi'. 
as  his  home  after  he  was  of  age,  and  intended  to  make  the 
place  where  the  college  was  situated  his  only  home  while 
he  was  to  remain  there.  State  v.  Daniels,  44  N.  H.  383.  And, 
if  students  come  to  college  for  no  other  purpose  than  to  re- 
ceive an  education,  intending  to  leave  after  graduating, 
they  do  not  acquire  a  residence  at  that  place.  Fry's  Elec- 
tion Gase,  71  Pa.  302,  10  Am.  Rep.  698.  There  must  be  evi- 
dence of  complete  abandonment  of  the  former  residence; 
but  absence  from  it  would  be  regarded  as  temporary,  and 
too  much  weight  should  not  be  attached  to  declarations  of 
present  or  future  purpose  by  a  student  after  the  question 
of  residence  is  raised;  there  must  be  other  satisfactory  evi- 
dence tending  to  show  abandonment.  Lower  Oxford  Con- 
tested Election,  11  Phila.  641.    23  L.  R.  A.  216. 

In  the  case  of  Granby  v.  Amherst,  7  Mass.  1,  it  was  said 
that  a  student  of  a  college  does  not  change  his  domicil  by 
his  occasional  residence  at  college.  But  the  fact  that  a  stu- 
dent has  continued  to  reside  in  the  place  of  the  college  for 
a  period  of  seven  years,  supporting  himself  by  his  own 
efforts  and  procuring  a  transfer  of  registration  as  voter, 
voting  there  and  never  voting  at  any  other  place,  shows  a 
bona  fide  intention  to  abandon  the  former  residence.  Shaef- 
fer  V.  Gilbert,  73  Md.  66. 

Proofs  of  change  of  domicil  so  as  to  overcome  the  pre 
sumption  of  the  continuance  of  the  prior  domicil,  concur- 
ring with  an  actual  residence  of  the  student  in  the  town 


STATE  OF  NORTH  DAKOTA 271 

where  the  public  institution  is  situated,  will  be  sufficient  to 
establish  his  domicil,  and  give  him  a  right  to  vote  in  that 
town.    Opinion  of  the  Justices,  5  Met.  587.    23  L.  R.  A.  216. 

A  student  who  had  formed  the  purpose  of  making  W.  his 
home  for  an  indefinite  period,  when  twenty-four  years  of 
age,  and  who  was  taxed  there,  and  voted  there  for  several 
years,  is  entitled  to  claim  that  place  as  his  residence,  al- 
though attending  a  theological  institution  in  Massachusetts. 
Sanders  v.  Getchell,  75  Me.  158,  49  Am.  Rep.  606. 

In  Pedigo  v.  Grimes,  113  Ind.  148,  it  was  held  that  where 
voters  after  entering  the  state  university  determine  that 
place  should  be  their  residence,  they  have  a  right  to  vote 
there  if  their  intention  was  formed  and  acted  upon  in  goo'^ 
faith.    23  L.  R.  A.  216. 

It  was  held  in  Putnam  v.  Johnson,  10  Mass.  488,  that  a 
student  at  a  theological  institution,  of  age,  qualified,  and 
not  under  his  father's  control,  is  entitled  to  vote  at  the  place 
of  such  college,  notwithstanding  it  may  not  be  his  expect;;- 
tion  to  remain  there  forever.  In  this  case,  he  had  left  his 
father's  family  several  years  before,  and  had  become  a  resi- 
dent of  S.  where  he  was  taxed  and  permitted  to  vote;  his 
father  had  ceased  to  support  him,  and  he  was  at  S.  prepar- 
ing himself  for  an  independent  living  when  he  removed  *o 
the  town  the  theological  seminary  was,  which,  as  he  was  on 
a  charitable  foundation,  required  a  residence  of  three  years. 
If  students  abandon  their  former  home  and  come  to  the 
town  where  the  seminary  is  situated,  to  make  that  town 
their  residence,  leaving  to  the  future  to  determine  whether 
they  shall  enter  a  profession  or  some  other  business  in  that 
town,  they  acquire  a  residence  there.  Re  Ward,  29  Abb.  N. 
C.  187. 

Under  111.  Rev.  Stat.  1874,  providing  that  a  permanent 
abode  is  necessary  to  constitute  a  residence,  students  who 
are  entirely  free  from  parental  control  and  regard  the  place 
of  the  college  as  their  home  and  have  no  other  to  which  to 
return  in  case  of  sickness  or  domestic  affliction,  are  entitled 
to  vote  there.  Generally,  however,  under-graduates  of  col- 
leges are  no  more  residents  of  a  town  in  which  they  pursue 
their  studies  than  mere  strangers.    Dale  v.  Irwin,  78  111.  170. 

In  the  case  of  Warren  v.  Board  of  Registration,  2  L.  R.  A. 
203,  72  Mich.  398,  it  was  stated  that  the  provisions  of  the 
Michigan  constitution  in  regard  to  acquiring  and  losing  a 
residence  while  a  student,  do  not  prevent  persons  from  be- 
coming residents  if  such  is  their  purpose  and  if  they  are 
able  to  choose. 


272  ELECTION  LAWS 


Irregularities 

The  general  rule  in  England  as  to  irregularities  is  thus 
stated  by  Coleridge,  Ch.  J.:  "The  nonobservance  of  the 
rules  or  forms  which  is  to  render  the  election  invalid  must 
he  so  great  as  to  amount  to  a  conducting  of  the  election  in  a 
manner  contrary  to  the  principle  of  an  election  by  hallo  i, 
and  must  be  so  great  as  to  satisfy  the  tribunal  that  it  did 
affect  or  might  have  affected  the  majority  of  the  voters,  or 
in  other  words,  the  result  of  the  election."  Woodward  v. 
Sarsons  (1875)  L.  R.  10  G.  P.  751.    16  L.  R.  A.  754. 

Failure  of  the  election  oflicer  to  place  his  initials  on  the 
back  of  the  ballots,  as  required  by  the  law  ,does  not  invali- 
date such  votes.  Jenkins  v.  Rrecken  (1883)  7  S.  C.  Gand. 
(Duval)  247.    16  L.  R.  A.  754. 

Even  where  the  law  declared  that  "the  ballot  paper  shall 
be  marked  on  both  sides  with  an  official  mark,"  ballots  not 
so  marked  on  one  side  were  counted,  after  elaborate  con- 
sideration. Ackers  v.  Howard  (1886)  L.  T.  16  Q.  B.  Div. 
739.    16  L.  R.  A.  754-55. 

Where  the  receiving  officers  placed  their  initials  in  the 
lower  right-hand  corner  of  the  ballots  instead  of  the  lowe ' 
left-hand  corner,  as  the  Indiana  ballot  law  prescribed,  the 
irregularity  was  considered  harmless.  Parvin  v.  Wimberg, 
Ind.  Sup.  1892.    16  L.  R.  A.  755. 

An  election  was  held  at  two  polling  places  in  a  township, 
one  of  which  was  not  lawfully  established,  and  the  court 
(per  Brewer,  J.)  sustained  the  result,  saying:  "It  was  the 
ppparent  creation  of  a  voting  precinct;  and  having  been  ac- 
cepted by  the  people,  the  only  ones  interested  in  the  matter, 
and  acted  upon  by  them  as  though  it  were  in  all  respects 
legal  and  binding,  the  defects  in  the  order  cannot  now  be 
made  the  means  of  disfranchising  a  body  of  legal  voterrs, 
innocent  of  wrong,  seeking  to  exercise  their  rights  of  fran- 
chise and  only  misled  by  the  officers  of  the  law/'  Wildmari 
y.  Anderson  (1876)  17  Kan.  347.  16  L.  R.  A.  755.  But  clos- 
ing the  poll  a  quarter  of  an  hour  before  the  time  fixed  by 
law  was  held  in  New  South  Wales  to  vitiate  the  return. 
Ex  parte  Russell  (1881)  2  N.  S.  Wales,  L.  R.  82. 

What  distinguishing  marks  or  devices  upon  ballots  will 
vitiate  them,  is  discussed  in  Rutledge  v.  Grawford,  13  L.  R. 
A.  761,  91  Gal.  526;  People  Onondaga  Gounty  Board  of  Gan- 
vassers,  14  L.  R.  A.  624,  129  N.  Y.  395,  and  the  notes  to  those 
cases. 


state  of  north  dakota 273 

Harmless  Irregularities 

Where  two  voting  places  were  appointed  in  a  precinct 
entitled  by  law  to  but  one,  the  irregularity  was  held  imma- 
terial.   Bell  V.  Faulkner  (Tex.)  March  26,  1892. 

Where  the  ballots  were  received,  by  the  proper  officers, 
at  a  poll,  near  the  house  appointed  as  the  voting  place  but 
whose  owner  refused  to  permit  its  use,  the  election  was  up- 
held.    Preston  v.  Culbertson  (1881)  58  Cal.  198. 

And  so  where  some  ballots  were  deposited  by  mistake  in 
the  wrong  ballot  box,  in  use  for  another  election  conducted 
at  the  same  time  on  the  same  premises.  People  v.  Bates 
(1863)  11  Mich.  362;  83.  Am.  Dec.  745. 

« 
Marking  Official  Ballot 

The  requirements  of  the  indorsement  of  the  initials  of 
an  election  inspector  or  judge  of  elections  upon  the  back  of 
ballots  is  not  an  unreasonable  or  unconstitutional  restric- 
tion of  the  right  of  suffrage.  Miller  v.  Schallern  (1899)  8  N. 
D.  395,  79  N.  W.  865;  Lorin  v.  Seitz  (1899)  8  N.  D.  404,  79  N. 
W.  869. 

The  requirements  of  the  Australian  ballot  law  adopted 
in  Nebraska,  that  the  names  or  signatures  of  two  judges  of 
election  shall  be  written  on  the  back  of  each  ballot  to  be 
used,  which  shall  be  so  folded  by  the  voter  as  to  disclose 
these  signatures,  and  shall  not  be  deposited  by  the  judges 
unless  so  marked,  and  that,  in  canvassing,  the  ballots  not 
so  marked  shall  be  void  and  not  be  counted,  are  clearly 
but  regulative,  and  to  assist  in  the  honest,  intelligent  exer- 
cise of  the  right  to  vote,  and  not  violative  of  the  constitu- 
tional provision  that  all  elections  shall  be  free,  and  there 
shall  be  no  hindrance  or  impediment  to  the  right  of  a  voter 
to  exercise  the  elective  franchise.  Orr  v.  Bailey  (1899; 
Neb.)  80  N.  W.  495. 

In  regard  to  the  construction  of  the  law,  it  is  said  in  Pen- 
nington V.  Hare  (1895)  60  Minn.  146,  62  N.  W.  116,  that 
there  is  a  clear  distinction  between  the  provisions  and  pro- 
hibitions in  election  laws  which  are  personal  to  the  elector, 
if  he  violates  which,  it  is  his  own  fault,  and  those  which  ap- 
ply to  executive  officers  over  whose  conduct  he  has  no  con- 
trol, the  former  being  generally  mandatory  and  the  latter 
directory,  unless  otherwise  expressly  or  by  necessary  impli- 
cation so  declared  by  statute. 

In  Jones  v.  State  ex  rel.  Wilson  (1899;  Ind.)  55  N.  E.  229, 
it  is  said  that  the  purpose  of  all  the  election  laws  is  to  secure 
electors  the  correct  expression  of  their  choice  in  the  selec- 
tion of  public  servants,  and  that  irregularities  on  the  part 


274  ELECTION  LAWS 


of  election  officers,  not  going  to  the  time  or  place  or  other 
vital  matter  of  the  election,  or  their  omission  of  acts  not  de- 
clared to  be  essential  to  the  validity  of  the=  election,  are  to 
be  held  directory  only  in  support  of  the  voter's  right  to  have 
bis  ballot  counted  as  cast.    47  L.  R.  A.  807. 

The  mere  fact  that  the  judges  of  elections  failed  to  in- 
dorse ballots  with  their  names  or  initials,  or  indorse  them 
in  pencil  not  indelible,  or  that  part  only  of  the  judges  in- 
dorse them,  does  not  require  the  rejection  froni  the  count 
of  such  vallots  received  and  deposited  by  the  judges  under 
the  Missouri  statute  providing  that  each  ballot  shall  be  in- 
dorsed with  the  names  or  initials  of  all  the  judges  of  elec- 
tion with  ink  or  indelible  pencil  before  delivery  to  the 
voter,  the  purpose  of  which  is  to  secure  the  return  to  the 
judges  of  the  same  paper  delivered  to  the  voter,  where  the 
statute  does  not  expressly  declare  that  ballots  not  so  in- 
dorsed shall  not  be  counted,  but  only  that  the  judges  shall 
not  deposit  them.  Hehl  v.  Guion  (1900;  Mo.)  55  S.  W.  1024. 
47  L.  R.  A.  808. 

The  absence  of  the  election  officer's  initials  does  not  viti- 
ate the  ballot,  the  statute  not  expressly  creating  such  a 
cause  and  invalidity.  White  v.  Mackenzie  (1875)  20  Lower 
Can.  Jur.  22,  Wiomore,  p.  195:  Grand  v.  McCallum  (1876) 
12  Can.  L.  J.  113,  Wigmore,  p.  195.    47  L.  R.  A.  808. 

The  writing  of  the  name  of  the  voter  upon  the  back  of  his 
ballot  is  a  marking  for  indentification  in  clear  violation  of 
the  Minnesota  election  law,  which  provides  that  no  voter 
shall  divulge  to  anyone  within  the  polling  place  the  name 
of  any  candidate  for  whom  he  intends  to  vote  or  has  voted, 
requiring  their  rejection.  Penninaton  v.  Hare  (1895)  60 
Minn.  146,  62  N.  W.  116.    47  L.  R.  A.  812. 

The  writing  of  the  voter's  name  upon  the  back  of  a  ballot, 
it  not  appearing  by  whom  it  was  written  or  that  it  was  done 
for  the  purpose  of  identification,  or  that  the  ballot  was  fold- 
ed so  that  the  name  could  be  seen,  does  not  require  the  r<e- 
jection  of  the  ballot  under  the  Missouri  election  law  of  1891 
providing  that  two  of  the  judges  of  election  shall  write 
their  names  or  initials  on  the  back  of  ballots  furnished 
voters,  and  that  no  other  writing  shal  be  on  the  back  exceT)t 
the  number  of  the  ballot,  as  that  provision  refers  to  the 
time  the  ballot  is  delivered  to  the  voter,  and  should  only  h^ 
considered  as  giving  direction  to  the  election  officers  in  re- 
spect to  the  discharge  of  their  dutv,  and  is  not  mandatory 
upon  the  voter.  Lankford  v.  Gebhart  (1895)  130  Mo.  621, 
62  S.  W.  1127.    47  L.  R.  A.  812. 

Almost  every  conceivable  mark  which  a  voter  could  maka 
or  omit  to  make  has  been  the  subject  of  discussion  in  th3 


STATE  OF  NORTH  DAKOTA 275 

various  cases  which  have  been  before  the  courts.  The  vot- 
ers have  neglected  to  make  such  marks  as  to  indicate  their 
intent  either  wliolly  or  partially,  have  marked  in  the  wrong 
place,  with  the  wrong  kind  of  marks  or  with  conflicting  or 
contradictory  marks,  have  made  distinguishing  marks  and 
marked  with  the  wrong  implement;  but  through  it  all  runs 
the  rule  of  construction  against  disfranchisement  if  such 
construction  can  be  given  without  violating  some  rule  of  law 
or  pohcy.    47  L.  R.  A.  813. 

The  provisions  of  the  Australian  ballot  law  adopted  ia 
Nebraska,  that  votes  shall  be  marked  with  a  cross,  is  man- 
datory, and  ballots  on  which  the  name  of  a  candidate  is 
written  under  the  appropriate  head  without  placing  oppi^- 
site  his  name  the  required  cross  cannot  be  counted  for  such 
candidate.  Martin  v.  Miles  (1896)  46  Neb.  772,  65  N.  W. 
889.    47  L.  R.  A.  815. 

A  ballot  marked  with  a  cross,  although  it  is  not  as  per- 
fect as  it  might  be,  should  be  counted.  People  ex  rel  Bantel 
V.  Morgan  (1897)  20  App.  Div.  48,  46  N.  Y.  Supp.  898.  47  L. 
R.  A.  815. 

Any  mark,  however  crude  and  imperfect  in  form,  if  it  is 
apparent  that  it  was  honestly  intended  for  a  cross-mark 
and  for  nothing  else,  must  be  given  effect  as  such  under  the 
Minnesota  statutes  requiring  ballots  to  be  marked  with  a 
cross.  Pennington  v.  Hare  (1895)  60  Minn.  146,  62  N.  W. 
116. 

Whenever  the  marking  of  a  ballot  evidences  an  attempt 
or  intention  to  make  a  cross,  though  the  cross  may  be  in 
some  respects  imperfect,  it  should  be  counted,  unless  from 
the  peculiarity  of  the  mark  made  it  can  be  reasonably  in- 
ferred that  there  was  not  an  honest  design  simply  to  mark 
the  cross,  but  there  was  also  an  intention  so  to  mark  the 
paper  that  it  could  not  be  identified;  but  if  the  mark  indi- 
cates no  sign  of  complying  with  the  law,  but,  on  the  con- 
trary, a  clear  intent  not  to  mark  with  a  cross  as  the  law  di- 
rects, as  by  making  a  stright  line,  or  a  round  O,  such  non- 
compliance renders  the  ballot  null.  Hawkins  v.  Smith 
(1884)  8  Can.  S.  C.  676. 

The  marking  of  crosses  before  the  names  of  all  candi- 
dates but  one  for  a  certain  office,  or  the  crossing  out  by  pen- 
cil lines  of  all  names  for  an  office  but  one,  in  an  attempt  by 
the  voter  to  follow  the  prior  law  which  required  the  elector 
to  express  his  preference  by  cancelling  or  making  out  the 
names  of  those  who  were  not  his  choice  is  not  sufficent  to 
permit  the  counting  of  such  ballots  by  the  candidate  before 
or  on  whose  name  no  mark  is  made,  under  a  law  requiring 
the  voter  to  make  a  mark  to  the  left  of  the  candidate  for 


276  ELECTION  LAWS 


whom  he  desires  to  vote,  although  it  further  provides  that 
if  it  is  possible  to  ascertain  the  voter's  choice  as  to  part  of 
the  ofiicers  on  a  ballot  it  shall  be  counted,  as  the  require- 
ments as  to  making  is  mandatory.  Van  Winkle  v.  Grabtree 
(1899)  34  Ore.  462,  55  Pac.  831.    47  L.  R.  A.  818. 

Crosses  indiscriminately  appearing  upon  the  face  of  the 
ballots,  where  it  is  evident  that  such  crosses  were  simply 
the  impressions  of  crosses  made  with  a  soft  lead  pencil,  and 
caused  by  the  folding  of  the  ballots,  do  not  invalidate  them. 
State  ex  rel.  McMilan  v.  Sadler  (1899;  Nev.)  58  Pac.  284.  47 
L.  R.  A.  819. 

There  is  a  practical  agreement  that  distinguishing  marks 
will  render  the  ballot  void;  but  it  is  not  always  easy  to  tell 
what  is  a  distinguishing  mark.  What  constitutes  an  iden- 
tifying mark  is  generally  a  question  of  fact  for  the  trial 
court.  Welso  v.  Wright  (1906;  Iowa)  81  N.  W.  805.  In 
some  cases  identifying  marks  on  ballots  are  so  apparent  or 
conclusively  identifying  that  the  court  may  say  as  matter  of 
law  that  they  may  be  used  for  that  purpose,  and  hence  the 
ballots  should  be  rejected  under  the  Iowa  statutes  requir- 
ing their  rejection  where  marked  in  any  other  way  than  is 
prescribed  so  that  they  may  be  used  for  the  purpose  of 
identifying  the  ballots;  and  in  other  cases  where  it  is  doubt- 
ful whether  they  could  be  so  used  it  is  a  question  of  fact  for 
the  jury.  Voorhees  v.  Arnold  (1899)  108  Iowa,  77,  78  N.  W. 
795. 

A  ballot  on  which  a  mark  or  character  is  used,  which 
though  indicating  an  intention  to  vote  a  particular  party 
ticket  or  for  certain  candidates,  at  the  same  time  serves  the 
purpose  of  indicating  who  voted  it,  thereby  furnishing  the 
means  to  designing  persons  of  evading  the  law,  will  be  re- 
jected under  the  Illinois  ballot  law,  although  nothing  is 
said  in  that  act  about  distinguishing  marks.  Parker  v.  Orr 
(1895)  158  111.  609,  30  L.  R.  A.  227,  41  N.  E.  1002.  47  L.  R.  A. 
820. 

Unauthorized  marks  not  of  a  character  to  be  readily  used 
for  the  purpose  of  identification,  or  some  slight  mark  inad- 
vertently placed  on  the  ballot  by  reason  of  the  voter's  un- 
skilfulness,  do  not  require  the  rejection  of  the  ballot;  but 
where  the  unauthorized  marks  are  made  deliberately,  and 
may  be  used  for  the  purpose  of  identifying  the  ballot,  il 
should  be  rejected.  Whittam  v.  Zaborik  (1894)  91  Iowa, 
23,  59  N.  W.  57.    47  L.  R.  A.  824. 

A  ballot  marked  only  with  a  cross  at  the  head  of  a  party 
column  about  i  inch  to  the  left  of  the  square  for  voting  the 
party  ticket,  cannot  be  counted  under  the  North  Dakota 
statute,  requiring  the  marking  to  be  done  in  the  square. 


STATE  OF  NORTH  DAKOTA 277 

Howser  v.  Pepper  (1899)  8  N.  D.  484.  79  N.  W.  1018.  47  I.. 
R.  A.  830. 

A  ballot  cannot  be  rejected  because  marked  with  a  cross 
within  the  margin  of  the  line  to  the  left  and  immediately 
before  the  names  of  the  candidates,  where  the  statute  does 
not  designate  whether  the  cross  shall  be  placed  to  the  right 
or  the  left  of  the  candidate's  name,  but  only  provides  that 
the  voter  shall  prepare  his  ballot  by  placing  a  cross  opposite 
the  name  of  each  candidate  of  his  choice.  Young  v.  Simp- 
son (1895)  21  Colo.  460.    42  Pac.  666. 

The  marking  of  a  ballot  with  a  cross  on  the  left  in  the 
same  compartment  as  the  candidate's  name  is  valid.  Has- 
well  V.  Stewart  (1874)  1  Ct.  of  Sess.  925,  2  O'Malley  &  H  215, 
Wigmore,  p.  190.    47  L.  R.  A.  832. 

A  cross  not  opposite  the  name  of  any  candidate  requires 
the  rejection  of  the  ballot,  under  the  Nevada  statute  pro- 
viding that  any  names,  words,  or  marks,  except  as  in  the 
act  provided,  shall  invalidate  the  ballot.  Dennis  v.  Caugh- 
lin  (1895)  22  Nev.  447,  29  L.  R.  A.  731,  41  Pac.  768.  47  L.  R. 
A.  833. 

The  marking  of  a  ballot  with  a  cross  above  or  below  the 
name  in  the  same  compartment  is  valid.  Haswell  v.  Stew- 
art (1874)  1  Ct.  of  Sess.  925,  2  O'Malley  &  H.  215,  Wigmore; 
p.  190.    47  L.  R.  A.  833. 

Ballots  marked  with  crosses  opposite  the  names  of  par- 
ticular candidates  on  one  ticket,  and  also  the  names  of 
some  candidates  on  another  ticket  which  is  marked  with  a 
cross  in  the  square  at  the  head  of  it,  should  be  counted  for 
the  candidate  so  specifically  marked  on  the  ticket,  and  not 
under  the  marked  head,  as  the  specific  intention  expressed 
by  the  individual  markings  nullifies  the  general  intention 
evinced  by  the  mark  at  the  head  of  the  party  column  so  far 
as  the  markings  of  individual  candidates  are  inconsistent 
therewith.  Howser  v.  Pepper  (1899)  8  N.  D.  484,  79  N.  W. 
1018.    47  L.  R.  A.  835. 

A  ballot  containing  a  lead  pencil  mark  across  the  name 
of  a  candidate  contains  a  distinguishing  mark  which  pre- 
vents its  being  counted,  under  the  Indiana  election  law  for- 
bidding the  count  of  a  ballot  containing  such  a  mark.  Sego 
V.  Stoddard  (1893)  136  Ind.  297,  22  L.  R.  A.  468,  36  N.  E.  204, 
Sego  V.  State  ex  rel.  Stoddard  (1894)  136  Ind.  700,  36  N.  E. 
208.    47  L.  R.  A.  839. 

The  marking  of  a  ballot  with  a  cross,  and  with  a  name, 
not  the  voter's,  in  addition,  is  invalid.  Haswell  v.  Stewart 
(1874)  1  Ct.  of  Sess.  925,  2  O'Malley  &  H.  215,  Wigmore,  p. 
190.    47L.  R.  A.  841. 


278  ELECTION  LAWS 


A  ballot  on  which  the  name  of  a  candidate  is  erased  and 
another  name  written  in  should  be  counted  for  the  latte'.', 
although  no  cross  mark  of  any  kind  appears  in  the  square 
opposite  such  name  or  elsewhere,  under  N.  D.  Rev.  Codes, 
Sec.  491,  which  provides  that  the  voter  may  write  or  past^i 
a  name  on  the  ballot  opposite  the  ofiice  to  be  voted  for,  and 
such  name  shall  be  counted  whether  marked  or  not.  How- 
ser  V.  Pepper  (1899)  8  N.  D.  484,  79  N.  W.  1018.  47  L.  R.  A. 
841. 

A  ballot  marked  with  crosses  opposite  the  names  of  two 
candidates  for  an  office,  one  of  which  is  very  distinctly  made 
and  the  other  bears  unmistakable  evidence  of  an  attempted 
erasure,  is  properly  counted  for  the  candidate  opposite 
whose  name  the  distinct  cross  appears.  Howser  v.  Pepper 
(1899)  8  N.  D.  484,  79  N.  W.  1018.    47  L.  R.  A.  844. 

Decision  of  Tie  Vote  at  Election 

In  North  Dakota,  where,  by  reason  of  a  tie  vote  neither 
candidate  for  an  office  is  elected,  neither  is  entitled  to  the 
certificate  of  election  until  the  tie  is  removed,  upon  the 
notice  and  in  the  manner  provided  for  by  N.  Dak.  Rev. 
Code,  Sec.  528,  relating  to  the  duty  of  the  county  auditor  in 
case  of  tie  votes,  and  a  certificate  of  election  issued  to  one 
of  the  candidates  prior  to  such  determination  is  void.  How- 
ser V.  Pepper,  8  N.  D.  484,  79  N.  W.  1018.    47  L.  R.  A.  551. 

It  would  seem  that  in  the  absence  of  special  statutory 
provision  a  tie  vote  creates  a  vacancy  which  can  only  be 
filled  by  appointment  of  a  new  election  under  some  gen- 
eral provision  with  reference  thereto,  though  in  case  of 
elections  held  in  boards  and  bodies  of  limited  membership 
the  general  rule  giving  the  presiding  officer  a  casting  vote 
in  case  of  a  tie  would  apply.  The  method  which  has  been 
most  extensively  adopted  to  meet  the  difficulty  of  a  tie  vote; 
is  by  drawing  lots  as  between  the  tie  candidates,  though  in 
New  Jersey  there  is  a  provision  of  a  selection  as  between 
the  tie  candidates  or  a  new  eletcion  in  the  discretion  of  the 
electing  body,  and  in  Ohio  there  is  a  provision  for  an  inde- 
pendent appointment  in  case  of  a  neglect  to  elect  or  ajj- 
point  to  certain  offices,  which  applies  to  a  case  of  a  tie  vote. 
By  the  weight  of  authority  these  statutes  are  not  unconsti- 
tutional, and  have  been  enforced  and  given  full  effect,  and 
held  to  prevent  a  vacancy  in  case  of  a  tie  vote.  A  few  of 
the  cases,  however,  have  questioned  their  constitutionalit3% 
prominent  among  which  is  the  principal  case.  47  L.  R.  A. 
564. 


state  of  north  dakota 279 

Does  "Residence,"  as  a  Qualification  of  Voters,  Mean 

"Domicil" 

Whatever  may  be  the  distinction  between  the  terms  "resi- 
dence" and  "domicil,"  when  used  in  other  connections,  it 
has  been  very  generally  held  that  the  term  "residence"  as 
used  in  the  various  Constitutions  or  statutes  as  a  qualifica- 
tion of  voters,  is  the  equivalent  of,  and  means  no  less  than, 
the  term  "domicil."  This  clearly  supported  by  the  follow- 
ing cases:  Sharp  v.  Mclntire,  23  Colo.  99,  46  Pac.  115; 
French  v.  Lighty,  9  Ind.  477;  State  v.  Savre,  139  Iowa,  122,  3 
L  .R.  A.  (N.  S.)  455,  113  Am.  St.  Rep.  452,  105  N.  W.  387; 
Opinion  of  Justices,  5  Met.  587.    19  L.  R.  A.  (N.  S.)  759. 

Effect  of  Loss  or  Destruction  of  Registry  Lists 

The  Decision  in  State  ex  rel.  Reid  v.  Lebleu,  28  L.  R.  A. 
989,  is  supported  by  State  ex  rel.  Hampton  v.  Waldrop,  104 
N.  S.  453,  10  S.  E.  694,  where  it  was  held  that  the  fact  that 
the  registration  book  of  an  election  precinct  had  been  lost 
did  not  invalidate  the  election,  where  the  registrar  procured 
another  book,  and  entered  therein  the  names  of  those  who 
he  knew  had  registered,  together  with  those  of  subsequent 
applicants,  and  it  appeared  that  no  qualified  person  had 
been  refused  the  right  to  vote.  The  court  said:  "The  reg- 
istration book  should  be  present  and  used  for  the  purpose:^ 
prescribed  by  law  at  the  voting  place,  while  the  election  is 
in  progress,  and  until  all  the  votes  are  received.  It  should 
not  —  cannot  —  be  dispensed  with  in  any  case,  if  it  can  be 
produced;  but  if  it  be  lost,  destroyed  by  accident,  or  made 
way  with  by  fraud,  or  for  fraudulent  purposes,  the  mere 
fact  that,  by  reason  of  such  causes,  it  is  not  present  at  the 
election,  as  it  should  be,  cannot  deprive  a  registered  voter 
of  his  right  to  vote.  He  had  registered, — had  perfected  his 
right  to  vote  by  registration;  he  was  a  registered  voter,  as 
much  so  as  if  the  registration  book  were  present;  and  while 
the  book  is  the  proper  and  the  better  evidence  of  the  fact,  it 
is  not  the  only  evidence.  He  may  offer  evidence  of  the  fact, 
if  need  be,  by  his  own  testimony,  that  of  the  registrar,  and 
of  such  person  or  persons  as  were  present  and  saw  him  reg- 
istered. If  in  such  case,  the  judges  of  the  election  should 
be  satisfied  that  he  was  then  properly  registered,  he  should 
be  allowed  to  vote,  and  he  should  be,  although  it  might  turn 
out  that  the  absence  of  the  registration  book  might,  m  some 
way  and  for  some  cause  arising,  destroy  the  validity  of  the 
election  at  that  voting  place."    28  L.  R.  A.  (N.  S.)  990. 


280  ELECTION  LAWS 


Personal  Liability  of  an  Election  Officer  for  Rejecting 

Ballots 

It  is  a  well  established  principle  of  law,  in  both  America 
and  England,  that  no  action  is  maintainable  against  officers 
of  election  for  refusing  to  receive  a  vote,  if  they  have  been 
guilty  of  no  malice  or  fraud  and  have  exercised  their  best 
judgment,  though  a  legally  qualified  elector  is  thereby  de- 
prived of  his  right  to  vote.  All  the  decisions  supporting 
this  principle,  in  which  there  is  any  discussion  of  the  ques- 
tion, are  placed  upon  the  ground  that,  in  passing  upon  the 
qualifications  of  a  person  offering  to  vote,  election  oflicers 
?ct  judicially,  and  are  not  infrequently  called  upon  to  de- 
termine legal  questions  of  great  difficulty;  and  that  to  hold 
them  personally  responsible  in  damages  for  a  mere  error 
in  judgment,  even  though  a  citizen  may  have  been  deprived 
thereby  of  his  rightful  vote,  would  be  not  only  unjust  in 
principle,  but  unwise  in  policy,  for  the  inevitable  result 
would  be  to  turn  honest  and  capable  men  from  accepting 
an  office  attended  with  such  hazard.  So  similar  is  the  rea- 
soning of  these  cases  that  it  will  be  necessary  to  do  no  more 
than  to  cite  them,  together  with  those  decisions  which  as- 
sert the  principle  without  discussion.  The  following  au- 
thorities, therefore,  will  all  be  found  to  be  in  accord  with 
Blake  v.  Brothers.  11  L.  R.  A.  (N.  S.)  501.  Murphy  v.  Ram- 
sey, 114  U.  S.  15,  29  L.  ed.  47,  5  Sup.  St.  Rep.  747;  Isaacs  v. 
McNeil,  11  L.  R.  A.  254,  44  Red.  32;  Alden  v.  Hinton,  6  D.  C. 
217:  Bernier  v.  Russell.  89  111.  60:  Carter  v.  Harrison,  5  Black 
f.  138;  Caulfield  v.  Bullock,  18  B.  Mon.  494. 

What  Objects  or  Purposes  May  be  Combined  in  a  Single 
Question  Submitted  to  Voters 

In  Hughes  v.  Horsky  (N.  D.)  122  N.  W.  799,  it  was  held 
that  under  a  statute  providing  for  the  submission  of  the 
question  of  the  issuance  of  bonds  for  a  courthouse  or  jail 
or  both,  when  the  erection  of  a  courthouse  and  iail  in  one 
building  is  contemplated,  and  the  notice  so  indicates,  the 
question  of  issuing  bonds  may  be  submitted  and  voted  upon 
as  one  cruestion;  but  that  when  questions  are  presented,  and 
although  they  may  be  submitted  in  the  same  notice,  it  must 
be  so  done  that  each  voter  may  vote  for  or  against  each 
proposition  independently  of  the  other.  The  court,  in  dis- 
tinguishing Stern  v.  Fargo,  26  L.  R.  A.  (N.  S.)  665,  said :  "In 
the  Fargo  case,  we  held,  under  the  facts  and  law  applicable 
to  that  proceeding,  that  the  submission  of  the  question  of 
issuing  bonds  for  part  of  a  waterworks  system  and  an  elec- 
tric light  plant  were  two  purposes,  not  naturally  or  neces- 


STATE  OF  NORTH  DAKOTA 281 

sarily  connected,  and  that  therefore  they  could  not  be  sub- 
mitted in  such  manner  that  the  voter  must  vote  for  or 
againsst  l3oth  propositions.  After  careful  consideration  we 
are  satisfied  that  the  questions  are  not  identical.  The 
statute  applicable  to  the  issuance  of  bonds  for  county  build- 
ings is  materially  different,  and  v^e  think  contemplates  the 
submission  to  the  vote  for  or  against  bonds  for  a  court- 
house or  jail  together,  provided  the  notice  states  that  they 
are  included  in  the  same  building.  *  *  *  *  The  county 
of  Pierce  is  destitute  of  both  courthouse  and  jail.  They  are 
necessary  means  for  the  administration  of  justice  and  the 
enforcement  of  criminal  laws  of  the  state,  and  in  many 
ways  serve  a  common  purpose.  It  is  the  duty  of  the  county 
to  provide  a  suitable  jail  and  a  suitable  place  for  holdin^i 
court  and  for  ofTices  for  the  county  officials.  A  jail  without 
a  place  for  the  trial  of  criminals  would  be  of  slight  use,  and 
vice  versa.  Furthermore  the  legislature,  in  enacting  the 
provisions  of  the  Code  quoted,  must  have  been  aware  of 
and  must  have  taken  into  consideration  the  custom  which 
has  long  prevailed  in  this  state,  though  less  frequently  fol- 
lowed now  than  in  earlier  times.  We  think  that  not  less 
than  one-half  the  counties  in  the  state  have  provided  a  jail 
within  the  county  courthouse.  We  are  therefore  of  the 
opinion  that  the  question  of  issuing  bonds  for  the  erection 
of  a  combined  courthouse  and  jail  may  be  properly  submit- 
ted to  be  voted  upon  as  one  proposition.  However,  where 
the  plan  is  to  contruct  separate  buildings  for  each  purposes, 
although  the  statutory  provisions  might  possibly  bear  the 
the  same  construction,  we  think,  for  the  reason  given  in  the 
Fargo  case,  that  the  questions  of  bonds  for  a  courthouse 
and  bonds  for  a  jail  should  be  separately  submitted.  They 
may  be  included  in  the  same  notice,  but  should  be  separ- 
ately stated,  and  so  arranged  on  the  ballot  that  each  may 
be  voted  on  independently  of  the  other.  This  construction 
will  protect  each  voter,  in  all  his  rights,  and  harmonizes 
with  the  reasons  applied  in  the  best-considered  cases,  and 
will  not  be  an  attempted  delegation  of  power  by  the  voters 
to  the  county  commissioners."    26  L.  R.  A.  (N.  S.)  669. 

Election  Other  Than  For  Selection  of  Officers 

In  Valverde  v.  Shattuck,  19  Colo.  104,  41  Am.  St.  Rep. 
208,  34  Pac.  947,  Sec.  1  of  article  7  of  the  Constitution  read 
as  follows :  "Every  male  person  over  the  age  of  twenty-one 
years,  possessing  the  following  qualifications,  shall  be  en- 
titled to  vote  at  all  elections;"  and  then  follow  the  qualifi- 
cations which  relate  to  the  period  of  citizenship.  In  an  ac- 
tion to  determine  the  validity  of  an  act  providing  for  the 
annexation  of  certain  territory  to  a  municipality,  the  court 


282  ELECTION  LAWS 


held  that  some  restriction  must  be  placed  upon  the  phrase 
**all  elections"  as  used  in  the  section  of  the  Constitution 
quoted,  else  every  person  having  the  qualifications  therein 
prescribed  might  insist  upon  voting  at  every  election,  pri- 
vate as  well  as  public,  and  thus  interfere  with  the  affairs  of 
others  in  which  he  had  no  interest  or  concern.  The  court 
said:  "In  our  opinion  the  word  'elections,'  thus  used,  does 
not  have  its  general  or  comprehensive  signification,  includ- 
ing all  acts  of  voting  choice,  or  selection  without  limitation, 
but  is  used  in  a  more  restricted  political  sense, — as  elections 
of  public  officers."    14  L.  R.  A.  (N.  S.)  850. 

Right  of  Candidate  Receiving  the  Next  Highest  Number  of 

Votes 

The  great  weight  of  American  authority  upon  this  ques- 
tion holds  that,  in  order  that  a  candidate  may  be  legally 
elected,  he  must  receive  a  majority  of  the  votes  cast,  and 
that  the  mere  fact  that  the  one  receiving  the  highest  num- 
ber proves  ineligible  confers  no  right  to  the  office  upon  the 
one  receiving  the  next  highest  number.  The  votes  cast  fur 
such  disqualified  candidate  are  generally  held  to  be  legal 
votes,  which  may  properly  be  counted,  and  which  there- 
fore require  a  second  election  in  order  that  a  candidate 
may  be  chosen  who  is  legally  qualified,  and  who  receives  n 
majority  vote. 

The  English  rule  seems  to  be  that  ,if  the  electors  have 
sufficient  notice  of  the  ineligibility  at  the  time  of  voting,  the 
next  highest  candidate  will  be  elected,  as  the  votes  cast  un- 
der these  circumstances  are  void,  and  not  counted;  and  the 
Indiana  decisions,  as  subsequently  shown,  are  in  harmony 
with  the  English  doctrine,  although  it  was  not  aplied  iii 
State  ex  rel,  Clawson  v.  Bell,  13  L.  R.  A.  (  N.  S.)  1013,  be- 
cause the  ineligibility  of  the  candidate  receiving  the  highest 
number  of  votes  was  not  sufficiently  notorious. 

Upon  What  Basis  is  the  Majority  to  be  Computed 

In  State  ex  rel.  Little  v.  Langlie,  5  N.  D.  594,  32  L.  R.  A. 
723,  67  N.  W.  958,  the  court  said  that  the  plain  meaning  of 
a  statute  providing  that,  if  upon  the  canvass  of  the  vote  il 
shall  appear  that  any  one  place  "has  two-thirds  of  the  votes 
polled,"  it  shall  be  the  county  seat,  is  that  all  that  is  requir- 
ed in  such  proportion  of  the  votes  polled  on  that  question, 
although  less  than  the  entire  vote  cast  at  a  general  election, 
as  there  is  nothing  in  the  statute  indicating  that  any  one 
place  must  receive  such  proportion  of  the  votes  of  all  the 
voters  of  the  county,  as  the  use  of  language  indicating  a 


STATE  OF  NORTH  DAKOTA 283 

contrary  intent  is  studiously  avoided.  22  L.  R.  A.  (N.  S.) 
483. 

It  was  held  in  State  ex  rel.  McGue  v.  Blaisdell  (N.  D.)  119 
N.  W.  360,  that,  in  strict  legal  sense,  the  question  of  alter- 
ing the  boundaries  of  a  county  when  voted  upon  at  a  gen- 
eral election  is  submitted  at  a  special  election,  and  requires 
for  its  adoption  a  majority  of  the  votes  cast  on  that  ques- 
tion only,  although  less  than  a  majority  of  all  cast  at  the 
general  election. 

This  doctrine  was  applied  in  Davis  v.  Brown,  46  W.  Va. 
716,  34  S.  E.  839,  where  the  question  of  changing  a  county 
seat,  which  was  submitted  at  the  general  election,  required 
the  approval  of  three-fifths-  of  all  votes  cast  at  said  elec- 
tion, upon  the  question."  The  court  said  this  language 
isolated  and  specialized  this  particular  election  for  that 
purpose,  and  made  it  in  effect  a  special  election  upon  that 
question.    22  L.  R.  A.  (N.  S.)  485. 

Assistance  in  Preparing  Ballots 

The  primary  purpose  and  object  of  the  Australian  ballot 
election  law  is  to  secure  the  independence  of  the  elector  by 
requiring  of  him  the  exercise  of  his  right  of  franchise  in 
absolute  secrecy,  and  statutes,  mandatory  in  their  charac- 
ter, designed  to  accomplish  this  end,  are  mandatory  on 
both  the  ofBcials  and  the  electors.  Where  electors  volun- 
tarily permit  other  persons  than  the  authorized  or  acting 
poll  clerks  to  assist  them  in  the  preparation  of  their  ballots, 
the  said  ballots  will  be  held  to  be  intentionally  exposed  and 
will  be  rejected.  Board  v.  Dill,  110  Pac.  1107.  29  L.  R.  A. 
(N.  S.)  1170. 

Preservation  of  Ballots 

The  rule  of  law  is  well  settled,  as  declared  in  Avery  v. 
Williams,  8  Ariz.  355,  76  Pac.  463,  that  where  ballots  have 
been  preserved  in  strict  accordance  with  the  statutory  re- 
quirements, so  that  they  have  in  no  way  been  tampered 
with,  they  are  the  primary  and  controlling  evidence  of  the 
number  of  votes  cast  for  the  respective  candidates,  and  ari 
sufficient  in  themselves,  without  further  evidence,  to  con- 
tradict and  overthrow  the  returns.  This  rule  is  supported 
not  only  by  all  the  authorities  herein  reviewed,  but  also  by 
the  following  cases,  in  which  it  appeared  that  the  ballots 
were  preserved  as  required  bv  law,  and  had  not  been  tam- 
pered with:  (People  ex  rel.  JBudd  v.  Holden,  28  Gal.  123;) 
Ferguson  v.  Henry,  95  Iowa,  439,  64  N.  W.  292.  30  .L  R.  A. 
(N.  S.)  602. 


284  ELECTION  LAWS 


"Primary  Elections"  as  Elections 

A  primary  election  does  not  become  a  part  of  the  general 
election  by  the  fact  that  it  is  conducted  at  the  same  time  as 
the  latter,  and  through  the  same  election  machinery  merely 
for  the  convenience  and  to  save  expense.  State  ex  rel.  Mc- 
Cue  V.  Blaisdell  (N.  D.)  118  N.  W.  141.  18  L.  R.  A.  (N.  S.) 
413. 

Conclusiveness  of  Certificate  of  Nomination 

The  supreme  court  will  not  exercise  its  original  jurisdic- 
tion merely  to  determine  which  of  two  candidates  for  a 
county  office  received  the  greater  number  of  votes  at  a  nom- 
inating election. 

The  supreme  court  will  exercise  its  original  jurisdiction 
to  determine  whether  or  not,  under  a  new  primary  election 
law,  the  certificate  of  nomination,  when  once  issued,  is  con- 
clusive and  cannot  be  rescinded  by  the  canvassing  board, 
since  the  question  is  one  of  general  importance  to  the  stale 
and  could  not  be  decided  in  the  regular  way  in  the  short 
time  between  the  primary  and  general  election;  but  the 
court  will  not  decide  the  ancillary  question,  which  of  two 
candidates  for  nomination  for  a  certain  office  received  the 
greater  number  of  votes. 

Mandamus  may  issue  to  determine  which  candidate  should 
be  represented  by  an  official  ballot,  even  before  the  time  for 
the  printing  of  the  ballot  arrives.  State  of  Wisconsin  ex  rel. 
Kinder  v.  Goff  129  Wis.  668,  109  N.  W.  628.  9  L.  R.  A.  (N. 
S.)  916. 

Constitutionality  of  Primary  Election  Laws 

A  primary  election  law  regulating  the  manner  of  nomin- 
ating candidates  for  public  office,  providing  for  an  appoint 
ment  of  judges  and  clerks  of  election  by  the  county  couri:, 
prescribing  a  test  for  party  affiliation,  and  directing  the 
manner  of  the  election  of  committeemen,  fixing  their  term 
of  office  and  specifying  their  duties,  does  not  violate  thai 
section  of  the  Constitution  forbidding  restraint  of  any  of 
the  inhabitants  of  the  state  from  assembling  together  in  a 
peaceable  manner  to  consult  for  their  common  good  and, 
as  such,  being  an  unwarranted  interferrence  of  party  man- 
agement, since  the  act  merely  provides  for  reasonable  reg- 
ulation, which  is  in  the  dominion  of  legislative  authority. 
I.add  V.  Holmes,  40  Ore.  167,  91  Am.  St.  Rep.  467,  66  Pac.  714. 
22  L.  R.  A.  (N.  S.)  1137. 


state  of  north  dakota 285 

Power  of  State  to  Impose  Qualifications 

Under  our  system  of  government,  the  power  to  determine 
the  qualifications  that  must  be  possessed  by  those  persons 
who  sliall  be  entitled  to  vote  at  elections  resides  in  the 
states.  Among  the  absolute,  unqualified  rights  of  the  states 
is  the  right  of  regulating  the  elective  franchise.  The  United 
States  have  no  voters  of  their  own.  Nor  has  the  constitution 
of  the  United  States  given  to  the  Congress  the  power  to  pre- 
scribe qualifications  for  electors  in  the  states.  The  only  re- 
striction upon  the  power  of  the  states  to  fix  the  qualifica- 
tions of  voters  is  that  imposed  by  the  fifteenth  amendment 
to  the  constitution  of  the  United  States,  which  forbids  any 
discrimination  "on  account  of  race,  color,  or  previous  con- 
dition of  servitude:"  McCrary  on  Elections,  2n  ed.,  sees. 
1-3;  Morse  on  Citizenship,  sec!^  3;  Minor  v.  Happersett,  21 
Wall.  162;  United  States  v.  Cruikshank,  92  U.  S.  542;  United 
States  V.  Reese,  92  Id.  214;  Van  Valkenburg  v.  Brown,  43 
Cal.  43;  Anderson  v.  Baker,  23  Md.  531;  Huber  v.  Reily,  53 
Pa.  St.  115;  Ridley  v.  Sherbrook,  3  Cold.  569;  State  v.  Staten, 
6  Id.  233;  Story  on  Constitution,  sees.  581-582.  The  powe- 
of  the  state  to  determine  the  class  of  inhabitants  who  may 
vote  is  not  curtailed  by  the  fourteenth  amendment  to  the 
constitution  of  the  United  States.  The  elective  franchise 
is  not  one  of  the  privileges  or  immunities  mentioned  in  the 
first  section  of  that  amendment;  Van  Valkenburg  v.  Brown, 
43  Cal.  43.  In  the  case  of  Dred  Scott  v.  Sandford,  19  How. 
393,  it  was  said  by  the  majority  of  the  court  that  a  state 
may,  by  its  laws  passed  since  the  adoption  of  the  constitu- 
tion of  the  United  States,  put  a  foreigner  or  any  other  de- 
scription of  persons  upon  the  same  footing  with  its  own 
citizens  as  to  all  the  rights  and  privileges  enjoyed  by  them 
within  its  dominions.  But  that  will  not  make  him  a  citizen 
of  the  United  States,  nor  entitle  him  to  sue  in  its  courts,  nor 
to  any  of  the  privileges  and  immunities  of  a  citizen  in  an- 
other state.  The  fifteenth  amendment  to  the  federal  con- 
stitution has  invested  citizens  of  the  United  States  with  a 
new  constitutional  right,  which  is  exemption  from  discrim- 
ination in  the  elective  franchise  on  account  of  race,  co1ol% 
or  previous  condition  of  servitude:  United  States  v.  Reese, 
92  U.  S.  214;  Van  Valkenburg  v.  Brown,  43  Cal.  43.  Its  effect 
was  to  render  absolutely  null  and  void  all  provisions  of  a 
state  constitution  or  of  a  state  law  that  were  in  conflict  witli 
it,  or  with  any  act  of  Congress  passed  to  enforce  it,  which 
is  appropriate  to  that  purpose;  McCrary  on  Elections,  2d 
ed.,  sec.  2;  Van  Valkenburg  v.  Brown,  43  Cal.  43;  Wood  v. 
Fitzgerald,  3  Or.  568.  There  is  one  way  in  which  Congress 
may  affect  the  number  of  voters  in  a  state.  It  may  as  a 
penalty  impose  upon  a  criminal  the  forfeiture  of  his  citi- 


286  ELECTION  LAWS 


zenship  of  the  United  States,  and  then  if  the  state  constitu- 
tion allows  only  citizens  of  the  United  States  to  vote,  sucli 
disfranchised  persons  will  be  deprived  of  the  right  to  vote 
in  such  state:  Ruber  v.  Riley,  53  Pa.  St.  112.  97  Ame-. 
Dec.  263. 

Constitutionality  of  Registration  Laws 

The  theory  upon  which  the  validity  of  laws  for  registra- 
tion is  sustained,  is  as  is  stated  in  the  following  cases :  The 
constitution  prescribes  who  are  to  have  certain  privileges; 
the  legislature  has  authority  to  establish  means  whereby/ 
those  who  are  entitled  to  these  privileges  may  be  ascer- 
tained. The  registry  is  but  evidence  of  the  possession  of  a 
right,  of  the  fact  that  those  whose  names  it  contains  have 
shown  that  they  have  the  qualifications  required  by  the 
fundamental  law  of  the  state.  It  is  no  restriction  upon  the 
right  itself  that  men  should  be  asked  to  furnish  evidence  of 
it.  And  with  this  understanding  of  registration  laws,  they 
have  been  repeatedly  passed  and  pronounced  constitution- 
al: Byler  v.  Asher,  47  111.  101;  Edmonds  v.  Banbury,  28 
Iowa,  267;  S.  C,  4  Am.  Rep.  177;  Auld  v.  Walton,  12  La.  An. 
129;  Hyde  v.  Brush,  34  Conn.  454;  State  v.  Baker,  38  Wis. 
71;  Paterson  v.  Barlow,  60  Pa.  St.  54;  Monroe  v.  Collins,  17 
Ohio  St.  665.  That  this  is  not  the  only  evidence  of  the  fact 
of  being  a  qualified  elector  is  expressly  stated  in  those  coq- 
stitutional  provisions  above  referred  to,  which  say  that  the 
right  to  vote  shall  not  be  dependent  upon  a  prior  registra- 
tion. And  the  statutes  of  those  states,  and  some  others, 
provide  for  the  giving  of  other  evidence,  such  as  the  pro- 
duction of  an  affidavit  at  the  polls,  the  oath  of  householders 
of  the  district,  and  the  like.    23  Amer.  Dec.  642. 

What  Irregularities  Will  Avoid  Elections 

The  numerous  election  contests  of  recent  years  particu- 
larly have  served  to  quite  firmly  establish  the  rules  govern- 
ing elections,  and  to  ascertain  the  character  of  irregulari- 
ties which  are  essential  to  avoid  an  election.  The  tendency 
is  clearly  and  distinctly  noticeable  to  sustain  the  validity 
of  an  election  if  by  any  possibility  this  can  be  done.  Elec- 
tions should  never  be  held  void,  unless  clearly  illegal:  State 
v.  Freeholders,  35  N.  J.  L.  269.  And  this  principle  has  in- 
duced the  courts  to  declare  the  provisions  of  election  laws 
to  be  directory  only,  and  not  mandatory,  in  every  case  where 
ibis  could  legitimately  and  reasonably  be  done.  The  tren  1 
of  American  authority  is  summed  up  thus  by  the  supreme 
court  of  Indiana  in  a  recent  case:  "All  the  provisions  oi 
the  election  law  are  mandatory  if  enforcement  is  sought 


STATE  OF  NORTH  DAKOTA 


287 


before  election  in  a  direct  proceeding  for  that  purpose;  but 
after  election  all  should  be  held  directory  only,  in  support 
of  the  result,  unless  of  a  character  to  effect  an  obstruction 
to  the  free  and  intelligent  casting  of  the  vote,  or  to  the  as- 
certainment of  the  result,  or  unless  the  provisions  affect  an 
essential  element  of  the  election,  or  unless  it  is  expressly 
declared  by  the  statute  that  the  particular  act  is  essential 
to  the  validity  of  an  election,  or  that  its  omission  shall  ren- 
der it  void:"  Jones  v.  State,  153  Ind.  440,  55  N.  E.  229.  The 
same  doctrine  has  been  expressed  in  numerous  decisions. 
See,  especially,  Taylor  v.  Taylor,  10  Minn.  107;  Russell  v. 
McDowell,  83  Gal.  70.  23  Pac.  183;  Fowler  v.  State,  68  Tex. 
30,  3  S.  W.  255.  In  these  last  two  cases  it  was  pointed  out 
that  it  was  only  those  provisions  of  election  laws  relating 
to  the  time  and  place  of  holding  elections,  the  qualifications 
of  voters,  and  such  others  as  are  made  essential  prerequi- 
sites to  the  validity  of  an  election  that  are  mandatory.  All 
ethers  are  directory  merely.    90  Am.  St.  Rep.  49. 


Cross  Index, 


For  the  convenience  of  the  user  of  this  election  pamphlet 
a  thorough  cross  index  has  been  prepared.  Every  paragraph 
or  item  is  indexed  under  at  least  four  different  letters,  so 
that  whatever  is  being  sought  may  be  found  with  ease  and 
readiness. 

A 

Page 
Absent  voters 243 

Absent  voter  ballots,  how  printed 243 

Absent  voter  ballot,  form  of  application  for 243 

Absent  voter,  ballots  for,  sent  how 244 

Absent  voter,  affidavit  of,  certificate  as  to : 244 

Absent  voter  ballot,  manner  of  marking 245 

Absent  voter  ballot,  care  of,  by  the  county  auditor 245 

Absent  voter  ballot,  transmission  of,  to  the  election  inspector 245 

Absent  voter  ballot,  manner  of  voting  the 246 

Absent  voter  ballots,  void  or  rejected 246 

Absent  voter  ballots  furnished  by  the  county  auditor,  when 246 

Absent  voter  privilege,  penalty  for  violating  the 247 

Absent  voter,  when  to  apply  for  the  ballot 243 

Abstract  of  the  voters 155 

Abstract  of  the  votes  to  be  forwarded  by  the  county  auditor -—  157 

Abstract  of  the  votes  to  be  filed  by  the  secretary  of  state 157 

Abstract  of  primary  election  votes  filed  with  the  secretary  of  state 218 

Act,  primary  election,  valid 222 

Actual  contributors  names,  election  privileges  act 226 

Addresses  of  the  voters,  election  privileges  act. 225 

Adjournment  of  the  state  canvassing  board 158 

Advertisement  of  constitutional  amendments 147 

Advertising,  political,  labeled  paid,  election  privileges 228 

Advising  unqualified  voting,  penalty 198 

Affidavits  of  candidates  at  the  primary  election 205 

Affidavits  of  the  absent  voter,  certificate  as  to 224 

All  township  candidates  on  one  ballot 194 

Aliens,  their  rights 38 

Amendments,  constitutional,  certificates  as  to 160 

Amendments,  constitutional,  vote  on,  record  of 160 

Amendments,  constitutional,  to  be  advertised 147 

Amendments  to  the  North  Dakota  Constitution,  proposed 120 

Announcement,  immediate,  of  the  election  returns.  Canvass 152 


290 INDEX 

Page 

Announcement  of  the  result  of  a  township  election 194 

Announcements,  political,  rates  for 232 

Annual  township  meetings,  held  when 190 

Answer  to  notice  in  legislative  election  contest 173 

Answer  to  notice  of  contest  of  election 160 

Appeal  as  to  contest  of  nomination  at  Primary  election 220 

Appeals  in  contest  of  election  cases 168 

Appeals  in  contest  cases,  civil  procedure  when 169 

Appeals  to  the  supreme  court  in  election  contest  cases 169 

Appearance  by  parties  to  the  election  contest 171 

Application  blank  for  the  absent  voter  ballot,  how  obtained 244 

Application,  form  of,  for  absent  voter  ballot 243 

Application  for  ballots  by  the  absent  voter,  made  when 243 

Application  must  state  the  grounds  for  the  contest  of  election 170 

Appointment  of  election  officers 136 

Appointment,  pre-election  promises  of,  election  privileges  act 226 

Arrangements  of  names  on  the  primary  election  ballot 214 

Arrangement  of  names,  tally  books  at  the  primary 216 

Arrangement  of  names  on  the  general  election  ballot 141 

Arrest  for  disturbing  an  election,  not  a  defence 201 

Arrest,  summary,  for  disobeying  an  election  officer 200 

Articles  on  election  contests,  how  construed 169 

Attendance  at  election  contest  case,  compelled  when 174 

Attendance,  preventing,  at  a  public  meeting  of  electors 199 

Auditor,  county,  to  forward  abstract  of  the  votes 157 

Auditor,  county,  care  of  absent  voter  ballot  by-_ 245 

Auditor,  county,  absent  voter  ballots  furnished  to,  when 247 

Auditor,  duty  of,  as  to  tie  vote 156 

Auditor  to  deliver  the  poll  books 143 

Auditor  to  furnish  the  ballots 142 

Auditor  to  publish  fact  of  nominations 146 

Auditor  to  provide  printed  ballots 139 

B 

Ballot,  absent  voter,  application  blank  for.  How  obtained 244 

Ballot,  absent  voter,  care  of  by  the  county  auditor 245 

Ballots,  absent  voter,  furnished  the  county  auditor,  when 247 

Ballot,  absent  voter,  manner  of  voting  the 246 

Ballots,  absent  voter,  void  or  rejected 246 

Ballot,  absent  voter.  Form  of  application  for 243 

Ballots,  absent  voter.  How  printed 243 

Ballot,  absent  voter,  transmission  of,  to  the  inspector 245 

Ballots,  application  for,  by  absent  voter 243 

Ballots  and  box,  examined  when 149 

Ballots  at  the  primary,  form  of 211 

Ballot  boxes 144 

Ballot,  certain  township  officers  to  be  elected  by 193 

Ballots,  certain,  posted 143 


INDEX  291 


Page 

Ballots  for  absent  voter,  sent  how 244 

Ballots  for  national  delegates  issued  by  the  Sec.  of  State 234 

Ballots,  how  delivered 143 

Ballots,  how  prepared , 139 

Ballot,  names  arranged  how 141 

Ballot,  name  omitted  from.    Failure  to  file  statement 228 

Ballot,  non  partizan  judiciary 230 

Ballot,  no  party,  in  municipal  election 186 

Ballot,  official,  how  given  to  the  elector 149 

Ballots  of  women  to  be  deposited  in  separate  box 151 

Ballot,  official,  names  placed  thereon 219 

Ballots  or  boxes,  destroying 201 

Ballots  prepared  by  the  County  Auditor 142 

Ballot,  primary,  arrangement  of  the  names  on 214 

Ballots,  primary  election,  prepared  how 214 

Ballot,  primary  election,  vacancies  on,  how  filled 219 

Ballot,  primary  election,  error  as  to,  how  corrected 220 

Ballot,  primary,  vacancies  on,  filled  by  party  committee 213 

Ballot,  secret,  Elctioneering  prohibited 164 

Ballot  spoiled  by  the  elector 150 

Ballot  to  be  deposited  by  the  judge 150 

Ballots  to  be  printed  and  distributed,  public  expense 138 

Ballots,  township,  to  be  deposited  by  the  judges 194 

Ballot,  unstamped,  penalty  ^or  depositing 164 

Ballots,  when  void 152 

Betting  upon  election,  how  punished 196 

Blanks  to  be  transmitted  by  the  Secretary  of  State 144 

Board,  canvassing,  state,  duty  of 158 

Board  of  canvassers,  how  constituted 156 

Board  of  Registry,  time  of  meeting 176 

Board  of  registration,  second  meeting 177 

Board  of  registry  has  power  to  preserve  order 180 

Board  of  registry,  members  of,  compensation  of 180 

Bona  fide  candidacy,  under  election  privileges  act 229 

Booths,  election,  false  swearing.    Penalty 151 

Booth  to  be  occupied  by  one  person  only 150 

Boundaries  of  election  precincts 135 

Box  and  ballots,  examined  when 149 

Boxes,  ballot 144 

Bribes,  giving  or  receiving  by  electors,  penalty  for 195 

Bribing  election  officers 202 

Bribing  or  infiuencing  an  elector,  disfranchisement  for 202 

Bribery  hearing,  witness  to,  not  excused 202 

C 

Calendar,  election 16 

Campaign   contributions   by   corporations   prohibited   under   election 
privileges  act 227 


292  INDEX 


Page 
Campaign  expenses,  general  election,  limited  under  election  privileges 
act  226 

Campaign  expenses,  primary,  limited  under  the  privileges  act 224 

Candidacy  bona  fide,  under  election  privileges  act 229 

Candidates  at  primary  election.  Affidavit  as  to 205 

Candidates,  certified  list  of,  issued  by  the  Secretary  of  State 236 

Candidates,  eleigibility  of,  at  the  primary 211 

Candidates,  filing  of  the  petition  of,  at  the  primary 210 

Candidates  for  the  primary,  posting  notices  as  to.: 236 

Candidates  for  national  delegates  to  file  petitions 234 

Candidates,  list  of,  publication  of 236 

Candidates  names,  publication  of,  before  the  primary 236 

Candidates,  petition  of,  at  the  primary 209 

Candidates  statement  under  the  privileges  act.    Publicity  Pamphlet--  224 

Candidates,  township,  all  to  be  on  one  ballot 194 

Candidates  name  in  one  column  only 141 

Canvassing  board,  member  of  disqualified 157 

Canvassers,  board  of,  how  constituted 156 

Canvassing  board,  state,  meeting  of 158 

Canvassing  board,  state,  duty  of 158 

Canvassing  board,  state,  adjournment  of 158 

Canvass  of  votes  to  be  public 158 

Canvassers,  how  to  proceed 161 

Canvassed,  what  returns  shall  be ^ 161 

Canvassing  board,  state,  duty  of,  as  presidential  electors 159 

Canvassing  board,  duty  of,  in  regard  to  defective  election  returns 161 

Canvass  and  returns  of  election  to  fill  vacancies 163 

Canvass,  result  of,  to  be  immediately  announced 152 

Canvass   of  votes 151 

Canvass  of  township  votes,  manner  of 194 

Canvassing  or  certifying,  falsely 202 

Canvass  of  the  votes  at  the  primary.  Polls  open  when 216 

Canvassing,  county,  board,  for  the  primary 217 

Canvassing  board,  statement,  for  the  primary  election 217 

Canvassers,  state  board  of,  for  the  primary  election 218 

Canvassers,  state  board  of,  statement  of,  as  to  result  of  the  primary. __  219 
Canvassing  board,  county,  meeting  for  canvass   of  votes  under  the 

primary  election  national  delegates  act 234 

Canvassing  board,  state,  canvassing  for  national  delegates 234 

Cards  of  instruction 138 

Care  of  the  absent  voter  ballot  by  the  auditor 245 

Caucus,  unlawful  voting  at.    Penalty 203 

Certain  township  officers  to  be  elected  b^  the  ballot 193 

Certificate  as  to  nomination  by  the  Secretary  of  State 146 

Certificate  as  to  result  of  canvass  of  votes 159 

Certificate  as  to  constitutional  amendments 160 

Certificate  as  to  absent  voter.    Affidavit 244 

Certificate  of  Governor  as  to  costs  of  a  removal  action 242 


INDEX 293 

Page 

Certificates  of  nomination,  where  filed 144 

Certificate  of  nomination  to  contain  but  one  name 144 

Certificate  of  nomination,  When  filed '. 145 

Certificates  of  election 155 

Certificates  of  election,  Secretary  of  State  to  issue 159 

Certificate  of  members  of  congress 159 

Certificate  of  election,  form  of 160 

Certificates  of  election  as  to  legislative  members 160 

Certificate  of  board  hearing  contest  cases 171 

Certificates  of  nomination,  false.    Suppressing 201 

Certified  list  of  candidates  under  primary  issued  by  the  Sec.  of  State.-  236 

Certifying  or  canvassing,  falsely 202 

Challenge,  duties  of  election  officers 138 

Challenges,  misconduct  of  judges  as  to 202 

Challenge  to  township  voter 193 

Charges  against  an  officer  must  be  laid  before  the  Governor 239 

Charges  against  an  officer  are  stated  in  the  complaint 239 

Charitable    contributions    by    candidates,    under    election    privileges 

act  226 

City  Auditors,  notify  officers,  elected  or  appointed 182 

Citizenship  statutes  relating  to 36 

Citizenship,  and  naturalization 38 

Clerks,  poll 138 

Clerk  of  election,  duty  of 179 

Clerk  to  keep  poll  lists 138 

Clerk,  township,  to  give  notice  of  meeting 192 

Column,  one,  only  for  the  candidates  name 141 

Commissioner  in  removal  action  to  file  oath  of  office 241 

Commissioner,  fees  paid  to,  in  removal  action 241 

Commissioners,  municipal,  how  elected 185 

Commissioner,  special,  to  take  and  report  testimony  against  officer 239 

Committees,  county  and  state,  under  the  primary,  time  and  place  of 

meeting    222 

Committees,  county  and  state,  under  the  primary,  how  selected 222 

Committees,  part5%  what,  continue  under  the  primary 222 

Committeemen,  precinct,  how  elected  under  the  primary 222 

Communicating  offer,  penalty : 196 

Compensation  of  election  oflacials . 165 

Compensation  of  officers  for  making  returns  of  vote 153 

Compensation  of  members  of  board  of  registry 180 

Complaint  against  the  ofllcer  must  state  the  charge 239 

Complaint  against  officers  must  be  laid  before  the  Governor 239 

Complaint  against  oflEicer  under  removal  action,  copy  of 240 

Congressional  districts  19 

Congress,  members  of,  certificates  of  election 159 

Constitutional  amendments,  etc.     Certificates  as  to 160 

Constitutional  amendments  to  be  advertised 147 

Constitutional  amendments,  vote  on,  record  of 160 


294 INDEX 

Page 

Constitution  of  the  United  States 21 

Constitution  of  the  State  of  North  Dakota 58 

Construction  of  article  on  contests IfJO 

Constructive  false  statements  as  to  registration 199 

Contents  of  the  poll  books 143 

Contents  of  the  statement  of  the  canvassing  board  at  the  primary 217 

Contest,  answer  to,  notice  of 166 

Contest,  appeals  in,  to  the  Supreme  Court IQO 

Contest,  article  on.    How  construed 169 

Contest,  application  to  state  grounds  of 170 

Contest  board,  members  of,  per  diem  and  mileage  of 172 

Contest  cases,  appeals  in 163 

Contest  case,  attendance  at,  compelled  only  in  county 174 

Contest  cases,  depositions,  notice  to  take 173 

Contest  cases,  depositions  in,  taken  without  notice 173 

Contest  case,  effect  of  failure  of  petitioner  to  appear 172 

Contest  cases,  examination  of  witnesses  in 174 

Contest  cases,  failure  to  attend  and  testify,  penalty.- ._ 174 

Contest  cases,  fees  of  witnesses  and  officers  in 175 

Contest  cases,  final  hearing  of,  how  determined 172 

Contest  cases,  hearing  of.  How  conducted 171 

Contest  cases,  no  legislative  expense  in 175 

Contest  cases,  papers  in,  to  be  attached  to  deposition 175 

Contest  cases,  production  of  papers  may  be  required  in 175 

Contest  cases,  subpoena  in.    How  served 174 

Contest  cases,  testimony  in,  forwarded  to  Secretary  of  State 175 

Contest  cases,  taking  of  testimony  may  be  adjourned 175 

Contest  cases,  testimony  in  must  be  reduced  in  writing 174 

Contest  cases,  testimony  in,  must  be  confined  to  issue 174 

Contest  cases,  testimony  in.    Taken  when 173 

Contest,  testimony  taken  when  and  where 174 

Contest,  determination  of  board  hearing,  how  certified 171 

Contest  commencement,  time  limit  for,  under  election  privileges  act_-  229 

Contest,  contestant  may  apply  to  the  court 170 

Contest  of  election  for  removal  of  county  seat 167 

Contest  of  nomination  at  the  primary,  appeal 220 

Contest  of  presidential  electors  elections,  what  court 170 

Contest,  in  legislative  election,  notice  of 172 

Contest  in  legislative  elections,  answer  to  notice  of 173 

Contest  may  be  brought  by  whom 166 

Contest  may  be  tried  by  referee 168 

Contest,  notice  to  party  contested,  how  given 170 

Contest,  notice  of.     How  served 165 

Contest,  parties  to,  appearance  by 171 

Contest,  provision  of  code  of  civil  procedure  applicable  when 169 

Contest  proceedings,  costs  of,  taxation  of 172 

Contest,  surety  for  costs  of,  must  be  furnished 168 

Contest,  testimony  procedure  in  case  of 167 


^ INDEX 295 

Page 
Contest,  trial  of 167 

Contestant  may  apply  to  court  in  contest  cases 170 

Contributing  money  for  election,  how  punished,  exceptions 197 

Contributors'  name  entered,  actual,  under  election  privileges  act 226 

Contributions,    charitable,    by    candidates,    under    election    privileges 

act  226 

Contributions  for  political  purposes  by  corporations  prohibited 237 

Convicted  felon.  Denied  a  vote 198 

Corporations,  contributions  by,  for  political  purposes  prohibited 237 

Corporations   prohibited   from  giving  campaign   contributions   under 

election  privileges  act 227 

Corrupt  practice,  penalty  for,  under  election  privileges  act 227 

Corrupt  practices  act 237 

Corrupt  practice,  contributions  by  corporations  prohibited 237 

Corrupt  practice  act,  no  excuse  from  testifying  under 237 

Corporation  responsible  for  act  of  officer  or  agent  under  corrupt  pract- 

tice  act . 238 

Corrupt  practice  act,  corporation  responsible  for  act  of  agent  under 238 

Corrupt  practice  act,  punishment  for  advising  violation  of 238 

Corrupt  practice  act,  prosecution  under,  where  brought 238 

Corrupt  practice,  under  election  privileges  act,  Forfeiture  of  office  of 

nomination   ! 229 

Cost  of  contest  proceedings,  taxation  of 172 

Costs  of  contest.    Surety  for  must  be  furnished 168 

Costs  of  action  for  removal  of  officer,  assessed  how. 242 

County  auditor  to  provide  blank  registers  and  blanks 180 

County  and  legislative  candidates  for  the  primary 209 

County  canvassing  board  for  the  primary 217 

Counties,  two  or  more,  in  the  primary  election  district,  when 218 

County  and  state  committees  under  the  primary,  how  selected 222 

County  Auditor  to  prepare  ballots 142 

County  commissioners  to  provide  ballot  boxes 144 

County  Auditor  makes  publication  of  nominations 146 

County  Auditor  to  forward  abstract  of  votes 157 

Court  decisions  affecting  elections 248-287 

County  seat,  removal  of,  contests  of  election  for 167 

Court  districts 20 

Court,  terms  of 20 

Courts  for  trial  of  presidential  electors  contests. 170 

Court  may  hear  application  of  contestant  in  contest  case 170 

Crimes  against  the  elective  franchise 195 

Criminal  acts.     Questions  submitted  to  voters 203 

D 

Dates,  election 16 

Date  of  the  general  election : 133 

Date  of  publication 146 


296  INDEX 


Page 
Decision  as  to  a  tie  vote 155 

Decisions,  court,  affecting  elections 248-287 

Declination  of  nomination  by  the  nominee 146 

Defective  returns,  duty  of  the  canvassing  board.    Penalty 161 

Defence,  arrest  for  disturbing  an  election  not  a 201 

Defence,  irregularities  as  to  election  duties  no 203 

Defination  of  an  election 202 

Defrauding  an  elector  of  his  vote 197 

Delegates,  national,  primary  election  of 233 

Delegates,  national,  canvassing  votes  for,  County  board 234 

Delegates,  national,  state  canvassing  board 234 

Delegates,  national,  candidates  for,  file  petitions 234 

Delegates,  national,  ballots  for,  issued  by  the  Secretary  of  State 234 

Delegates,  national,  primary  election  for,  held  when_. 235 

Delegates,  national,  traveling  expenses  of 235 

Delivery  of  the  ballots. 143 

Delivery  of  the  poll  books 143 

Depositing  of  the  ballot  by  the  judge 150 

Depositions  of  non  resident  witness  may  be  taken  in  contests 174 

Depositions  in  contests,  taken  without  notice  on  stipulation 173 

Depositions  notice  to  take,  in  contest  cases 173 

Destroying  ballots  or  boxes 201 

Destroying  supplies,  lists  or  cards 201 

Determination  of  the  final  hearing  in  contest  cases 172 

Determination  of  boards  hearing  contests,  how  certified 171 

Directory  of  the  state  officials 5 

Disability  of  the  elector 150 

Disfranchisement  for  bribing  or  influencing  an  elector 202 

Disobedience  of  elecLion  officers 200 

Disobedience  of  election  officers,  summary  arrest  for 200 

Disqualification  of  a  member  of  the  canvassing  board 157 

Disqualification  of  the  election  officer 136 

Distribution  of  the  ballots ._ 138 

Districts  and  precincts,  municipal  election 181 

Districts,  congressional 19 

Districts,  judicial 20 

Districts,  legislative 18a 

District  Court,  term  of 20 

District,  primary  election.    When  two  or  more  counties  in 218 

Disturbance  of  a  public  meeting  of  electors 199 

Disturbing  an  election,  violence 200 

Disturbing  an  election,  arrest  for,  not  a  defence 201 

Devision  of  a  legislative  district  subsequent  to  an  election 163 

Double  voting  or  offer,  penalty  for 197 

Duties  of  the  judges  and  inspectors  at  the  primary 211 

Duties  of  the  election  officers 136 

Duty  of  the  judge  and  inspector  to  challenge 138 

Duty  of  the  canvassing  board 158 


INDEX 297 

Page 

Duty  of  the  Governor  in  case  of  certain  vacancies 163 

Duty  of  the  clerks  of  the  election 179 

Duty  of  the  township  moderator.    Reconsideration  of  the  vote 193 

Duty  of  the  township  clerk . 195 

E 

Effect  of  municipal  elections 182 

Election  booths,  False  swearing,  Penalty 151 

Election,  betting  upon,  penalty 196 

Election  calendar 16 

Election  certificates 155 

Election,  certificates  as  to.    Secretary  of  State  to  issue 159 

Election  certificate,  form  of 160 

Election  certificate  as  to  legislative  members 160 

Election,  court  decisions  effecting 248-287 

Election  day,  selling  liquor  on 203 

Election  defined 202 

Election,  disturbing,  arrest  for,  not  a  defense 201 

Election  duties.  Irregularities  as  to,  no  defense 203 

Election,  informality  in  returns  disregarded 161 

Election  Law,  primary 205 

Election  laws,  violation  of,  penalty  for 165 

Election,  members  of  congress,  certificates  as  to 159 

Elections  municipal,  biennial 183 

Elections,  municipal,  time  and  place  of 181 

Election  notice,  how  given 148 

Election  notice  to  be  published 148 

Election  officers,  their  duties 136 

Election  oflEicials,  compensation  of 165 

Election  officers,  disobedience  of 200 

Election  officer,  disobedience  of.    Summary  arrest 200 

Election  officers,  bribing 202 

Election  officers,  oath  of  office— 138 

Election  precincts 135 

Election,  polls  of,  opened  and  closed  when 149 

Election,  primary,  for  national  delegates,  when  held 235 

Election  privileges  act 224 

Election  provisions,  general,  what,  applicable  to  the  primary 215 

Election,  result  of,  proclaimed  by  the  Governor 161 

Election  returns,  mutilation  of.     Penalty . 204 

Election  supplies,  examined  when 149 

Election  supplies 138 

Election,  violence  disturbing 200 

Election,  what  constitutes 134 

Electioneering  prohibited.  Secret  ballot 164 

Elector,  bribing  or  influencing,  Disfranchisement  for 202 

Elector,  defrauding  as  to  vote 197 


298  INDEX 


Page 
Elector,  disability  of 150 

Elective  Franchise,  crimes  against 195 

Elector,  giving  or  receiving  bribes,  penalty 195 

Elector,  illegal  influence,  penalty 196 

Elector  intimidating  199 

Elector  may  vote  before  leaving  the  county 246 

Elector  may  write  name  of  candidate  on  ticket 139 

Electors,  notice  to  by  the  clerk,  what  to  contain 192 

Electors  of  the  township,  powers  of 191 

Electors,  presidential,  canvass  of  votes  as  to 159 

Electors,  presidential,  convene  when 163 

Electors,  presidential,  per  diem  and  mileage  of 164 

Electors,  presidential.  Contest  of,  what  court 170 

Electors,  public  meeting  of.     Preventing 199 

Electors,  violence,  threats  ,etc 200 

Eligibility  of  candidates  at  the  primary 211 

Enrollment  and  registration  books  for  primary  election 207 

Enrollment  of  name  on  primary  day 208 

Error  as  to  the  primary  election  ballot.    How  corrected 220 

Error  in  publication,  how  corrected 148 

Examination  of  ballots  and  box  at  opening  of  polls 149 

Examination  of  witnesses  in  contest  cases 174 

Exceptions,  contributing  money  for  elections .  197 

Expense  of  voting.     Transportations  prohibited  under  election  privi- 
leges act  228 

Expenses,  primary  campaign,  limited  under  privileges  act 224 

Expenses,  traveling  of  the  national  delegates 235 

F 

Failure  of  ofRcer  to  perform  duty,  penalty  for 164 

Failure  of  petitioner  to  appear.  Effect  of,  in  contest  cases 172 

Failure  to  attend  and  testify  in  contest  cases.    Penalty 174 

Failure  to  file  statement.    Name  omitted  from  ballot 228 

Failure  to  qualify,  new  municipal  election 182 

Failure  to  elect,  township  meetings,  proceedings  of 195 

False  statement  preventing  registration 199 

False  certificates  of  nomination.     Supresssing  certificate 201 

False  poll  list 201 

False  statements  as  to  registration,  constructive 199 

False  swearing.    Election  booths.  Penalty 151 

Falsely  canvassing  or  certifying 202 

Fees  for  filing  a  petition  for  primary  election 205 

Fees  of  officers  and  witnesses  in  contest  cases 175 

Fees  paid  to  commissioner  taking  testimony  in  removal  action 241 

Fees  under  the  primary  law  paid  to  the  county 221 

Felon,  convicted.    Denied  a  vote 198 

Filing  of  certificates  of  nomination 144 


INDEX 299 

Page 

Filing  of  abstract  of  votes  by  the  Secretary  of  State 157 

Filing  of  register 179 

Filing  fee  and  pledge  of  candidates  for  the  primary 209 

Filing  of  the  petition  of  the  candidate  at  the  primary 210 

Filing  of  vacancies  on  the  ticket 146 

Filing  of  vacancy  on  ticket  after  printed 147 

Final  hearing  of  contest  cases,  how  determined 172 

Forfeiture  of  office  or  nomination  under  election  privileges  act.     Cor- 
rupt practice  229 

Form  of  election  notice 148 

Form  of  certificate  of  election 160 

Form  of  petition  in  municipal  elections 190 

Form  of  the  ballots  used  at  the  primary  election 211 

Form  of  petition  under  the  primary  law 211 

Form  of  application  for  the  absent  voter  ballot 243 

G 

General  election  campaign  expenses  limited  under  election  Privileges 

act  226 

General  election  laws 132 

General  election,  when  held 133 

General  Penalty  for  violation  of  provisions  of  election  privileges  act--  229 

Giving  of  ofllcial  ballot  to  the  elector 149 

Good  faith  of  voter.    Given  in  evidence 203 

Governor,  duty  of,  in  case  of  certain  vacancies •_ 163 

Governor  issues  proclamation  as  to  result  of  the  election 161 

Governor,  certificate  of,  as  to  costs  of  action  for  removal  of  ofllcer 242 

H 

Hearing  of  contest  cases,  how  conducted 171 

Hearing,  time  and  place  of,  in  action  for  removal  of  officer 240 

Held,  when.  Primary  election 205 

Highest  number  elects 134 

I 

Illegal  infiuence,  elector,  penalty 196 

In  case  elector  spoils  the  ballot 150 

In  case  of  the  disability  of  the  elector 150 

In  case  nominee  declines,  certificate  void 146 

Indian  voters,  their  rights ■ 134 

Indorsement  of  election  returns  by  the  Secretary  of  State- 162 

Informality  in  returns  disregarded 161 

Initiative,  municipal  188 

Inspector  challenge  138 

Inspectors  of  election  in  unorganized  townships 137 


:ioo 


INDEX 


Page 

Inspectors  of  election 136 

instrucaon  to  be  printed 143 

Intent  of  the  primary  election  law 205 

Interference,  lawful.    Rights  of  an  officer 203 

Intimidating  electors 199 

Invalidity  of  certificates.    When 146 

Irregularities  as  to  election  duties  no  defense 203 

Issue,  testimony  must  be  confined  to,  in  contest  cases 174 

Itemized  statements  filed  under  election  privileges  act 226 

J 

Judges  and  inspectors  at  the  primary  election,  duty  of 211 

Judges  of  election 136 

Judges,  conduct  of,  as  to  challenges 202 

Judge  to  challenge 138 

Judges  to  deposit  ballot  in  box 150 

Judges  to  deposit  township  ballots 194 

Judges  to  canvass  the  township  votes 194 

Judiciary  ballot,  non  partizian 230 

Judicial  districts 20 

Judiciary,  non-partizian,  act 230 

Judges  and  clerks  of  municipal  election,  oaths  and  duties  of 182 

L 

Legislative  and  county  candidates  for  the  primary 209 

Legislative  districts 18 

Legislative  district  divided  subsequent  to  election 163 

Legislative  elections,  contest  in,  notice  of 172 

Legislative  members,  certificates  of  election  as  to 160 

List  of  the  officers  to  be  nominated  at  the  primary 215 

List  of  candidates.    Publication  of,  before  the  primary 236 

Liquor,  selling,  on  election  day 203 

M 

Manner  of  canvassing  township  votes 194 

Manner  of  marking  the  absent  voter  ballot 245 

Manner  of  voting  the  absent  voter  ballot 246 

Marking,  manner  of,  absent  voter  ballot 245 

Meeting  of  the  state  canvassing  board 158 

Meetings,  township,  annual,  when  held 190 

Meetings,  township,  special,  held  when 192 

Meetings,  township,  notice  of  to  be  given  by  the  clerk 192 

Member  of  canvassing  board  disqualified 157 

Members  of  congress,  certificate  as  to  election 159 

Members  of  congress,  district 19 


INDEX  301 


Page 

Members  of  contest  board,  mileage  and  per  diem  of 172 

Mileage  and  per  diem  of  Presidential  electors 164 

Mileage  and  per  diem  of  members  of  contest  board 172 

Minutes  of  township  meeting  to  be  filed 194 

Misconduct  of  judges,  Challenges 202 

Mode  of  conducting  township  meetings 192 

Money  for  elections,  contributing,  how  punished,  exceptions 197 

Moderator,  township,  duty  of,  Reconsideration  of  the  vote 193 

Municipal  commissioners,  how  elected 185 

Municipal  elections,  biennial 183 

Municipal  election  district  and  precincts 181 

Municipal  elections,  effect  of 182 

Municipal  elections,  no  party  ballot 186 

Municipal  elections,  form  of  petition 190 

Municipal  elections,  time  and  place  of 181 

Municipal  election,  tie  vote,  how  decided 182 

Municipal  election,  what  elects  in 182 

Municipal  initiative 188 

Municipal  nominations,  how  made 186 

Municipal  office,  when  deemed  vacant 183 

Municipal  office,  term  of,  commences  when 183 

Municipal  recall 187 

Municipal  referendum . 189 

Municipal  recall ; 183 

Municipal  vacancies,  election  to  fill 185 

Must  vote  the  party  ballot  at  the  primary 213 

Mutilating  election  returns.     Penalty 204 

N 

Names  arranged  on  ballot,  how 141 

Names,  arrangement  of,  on  the  primary  election  ballot 214 

Names,  arrangement  of.  Tally  books  at  the  primary 216 

Names,  candidates,  publication  of  before  the  primary 236 

Names  of  state  officers 5 

Names  of  voters  on  poll  list 138 

Name  of  candidate  on  ticket,  when  written 139 

Name  of  candidate  in  one  column 141 

Name  on  certificate  of  nomination 144 

Names  of  actual  contributors  entered,  under  election  Privileges  Act--  226 

Names  on  the  primary  ballot,  how  received 210 

Names  omitted  from  ballot,  failure  to  file  statement 228 

Names  placed  on  the  official  ballot 219 

Names  to  be  published.    Error  how  corrected 148 

Name,  when  person  may  cause,  to  be  enrolled  on  primary  day 208 

National  delegates,  ballots  for,  issued  by  the  Secretary  of  State 234 

National  delegates,  primary  election  of 233 

National  delegates,  county  canvassing  board  canvassing  votes  for 234 


302 INDEX ' 

.J  Page 

National  delegates,  state  canvassing  board  canvassing  votes  for 234 

National  delegates,  traveling  expenses  of 235 

New  Municipal  election  on  failure  to  qualify 182 

Newspaper  rates  that  can  be  charged  for  political  announcements 232 

Naturalization  laws  of  the  U.  S 38 

No  civil  process  served  on  election  day 165 

No  legislative  expense  in  the  matter  of  contest  cases 175 

No  party  ballot  in  municipal  election 186 

No  person  excused  from  testifying  under  the  corrupt  practice  act 237 

Nomination  by  stickers  at  the  primary 211 

Nomination  at  the  primary,  how  contested,  appeal 220 

Nomination  certificates  where  filed , 144 

Nomination  certificates  to  contain  one  name 144 

Nomination  certificate,  when  filed 145 

Nominations  certified  by  the  Secretary  of  State 146 

Nomination,  certificate  of,  Suppressing 201 

Nomination  for  U.  S.  Senator  at  the  primary 214 

Nominations,  municipal,  how  made 186 

Nomination,  percentages  of  votes  required  for,  at  the  primary 214 

Nominations  to  be  published 146 

Nominee  declines,  certificate  void 146 

Non  partizan  judiciary  ballot 230 

Non  partizan  school  ofllcers  act 231 

Non  partizan  judiciary  act ^ 230 

Not  repealed  by  primary  law,  what  statutes 221 

Notice  of  election  to  be  published.    Form.    Posted  when 148 

Notice  of  meeting  given  by  the  township  clerk 192 

Notice  of  contest,  how  served 165 

Notice  of  contest,  answer  to 166 

Notice  of  contest  in  legislative  election 172 

Notice  of  election,  how  given 148 

Notice  in  legislative  election  contests,  answer  to 173 

Notice  to  party  contested,  how  given 170 

Notice  to  take  depositions  in  contests 173 

Notice  to  officers,  elected  or  apointed,  city  auditor 182 

Notice  to  electors,  township,  to  contain  what 192 

Number  of  votes 134 

Number  of  ballots  furnished 142 

o 

Oath  and  duties  of  judges  and  clerks  of  municipal  election 182 

Oath  of  ofllce  of  election  officer 138 

Oath  of  office,  commissioner  in  removal  action,  to  file 241 

Offers  of  office,  how  punished 196 

Offer  of  bribe,  communicating,  penalty 196 

Obstructing  elector,  penalty 197 

Office  or   nomination,  forfeited   for  corrupt  practice,   under   election 
privileges  act 229 


INDEX 303 

Page 

Office,  offers  of,  how  punished 196 

Office,  term  of,  of  township  officers 191 

Officers  and  witnesses,  fees  of,  in  contest  cases 175 

Officer,  complaint  or  charges  against,  laid  before  the  Governor 239 

Officer,  certain  township,  to  be  elected  by  ballot 193 

Officer,  defendant  in  removal  action,  served  with  copy  of  complaint 240 

Officer,  election  136 

Officers,  election,  bribing 202 

Officer,  failure  of  to  perform  duty.  Penalty  for 164 

Officer,  list  of,  to  be  nominated  at  the  primary 215 

Officers,  oath  of  office 138 

Officers,  of  election,  their  duties 136 

Officers,  removal  of,  by  the  Governor 239 

Officer,  removal  of,  time  and  place  of  hearing 240 

Officer,  rights  of.     Lawful  interference 203 

Officers  to  make  returns,  When.    Compensation 153 

Officers,  township,  when  elected 191 

Officer,  what,  voted  for  at  primary  election... 205 

Official  ballot,  names  placed  thereon 219 

Official  ballot,  how  given  to  the  elector 149 

Official  directory 5 

Officials,  election.    Compensation  of 165 

Official  stamps  for  election  officers 143 

Omission  of  name  in  printing  of  ticket 148 

One  column  for  candidate  name 141 

One  name  on  certificate 144 

Only  one  person  in  the  booth 150 

Opening  and  closing  of  polls 149 

Opening  and  closing  of  the  township  polls,  proclamation 193 

Order,  preservation  of,  board  of  registry  has  power 180 

Organization  of  township  meetings 192 

P 

Pamphlet,  publicity,  under  privileges  act.    Candidates  statement 224 

Papers  in  contest  cases,  production  of,  may  be  required 175 

Papers  in  contest  cases  to  be  attached  to  deposition 175 

Parties  to  contest,  appearance  by 171 

Party  ballot,  must  vote  the,  at  the  primary 213 

Party  casting  highest  number  of  votes 141 

Party  committees  fill  vacancies  on  the  ballot  for  the  primary 213 

Party  registration  for  the  primary,  required  when 206 

Party  designation  on  the  ballot 139 

Party  committees,  what,  continue  under  the  primary  act 222 

Penal  code  is  applicable  to  the  primary  law 222 

Penalty  for  corrupt  practice,  under  election  privileges  act 227 

Penalty  for  false  swearing.  Election  booths 151 

Penalty  for  depositing  unstamped  ballot 164 


304  INDEX 


Page 

Penalty  for  violation  of  election  laws 165 

Penalty  for  failure  to  attend  and  testify  in  contest  cases 174 

Penalty  for  registering  in  more  than  one  precinct 180 

Penalty  for  defrauding  elector  of  vote : 197 

Penalty  for  obstructing  elector 197 

Penalty  for  double  voting  or  offer 197 

Penalty  for  voting  when  not  qualified 197 

Penalty  for  procuring  unqualified  vote 198 

Penalty  for  advising  unqualified  voting 198 

Penalty  for  voting  in  the  wrong  precinct  or  district 198 

Penalty  for  unlawfully  voting  at  a  town  meeting 198 

Penalty  for  a  convicted  felon  voting 198 

Penalty  for  unauthorized  registration 198 

Penalty  for  personating  a  registered  voter 198 

Penalty  for  disturbance  of  a  meeting  of  electors 199 

Penalty  for  preventing  public  meeting  of  electors 1 199 

Penalty  for  preventing  attendance  at  meeting  of  electors 199 

Penalty  for  offering  violence  or  making  threat  to  electors 200 

Penalty  for  disobedience  of  election  officers 200 

Penalty  for  riotous  conduct  at  an  election 200 

Penalty  for  destroying  ballots  or  boxes 201 

Penalty  for  suppressing  certificates  of  nomination 201 

Penalty  for  destroying  lists,  cards  or  supplies ^  201 

Penalty  for  keeping  a  false  poll  list 201 

Penalty  for  misconduct  of  judges  as  to  challenges 202 

Penalty  for  falsely  canvassing  or  certifying 202 

Penalty  for  bribing  election  officers 202 

Penalty,  disfranchisement,  for  bribing  an  elector 202 

Penalty  for  unlawful  voting  at  a  caucus 203 

Penalty  for  mutilation  of  election  returns 204 

Penalty,  general,  for  violation  of  provisions  of  election  privileges  act—  229 

Penalty  for  violating  the  absent  voter  privilege 247 

Penalty  for  rejecting  legal  vote 164 

Penalty  for  failure  of  officer  to  perform  duty 164 

Penalty  for  making  false  statement  preventing  registration 199 

Penalty  for  intimidating  electors 199 

Penalty,  giving  or  receiving  bribes  by  elector 195 

Penalty,  illegal  influence,  elector 196 

Penalty,  betting  upon  election 196 

Percentages  of  votes  required  for  nomination  at  the  primary 214 

Per  diem  and  mileage  of  Presidential  electors 164 

Person,  one  only,  in  the  booth 150 

Personatin:?  registered  voter 198 

Petition  of  the  candidate  for  the  primary,  filing  of 210 

Petition,  form  of,  under  the  primary  law 211 

Petitioner  in  contest  cases,  effect  of  failure  to  appear 172 

Petitions,  form  of,  in  municipal  elections 190 

Petitions,  candidates  for  national  delegates  file 234 


INDEX 305 

>  Page 

Petition  required  for  primary  election 205 

Petition,  fees,  for  filing  at  primary  election 205 

Petition  of  candidates  at  the  primary 209 

Place  of  meeting  of  the  county  and  state  committees  under  the  pri- 
mary   222 

Pledge  and  filing  fee  of  candidate  at  the  primary 209 

Political  advertising  labeled  paid,  under  election  privileges  act 228 

Political  announcements,  rates  for 232 

Polls  at  the  primary  election,  open  when,  canvass 216 

Polls,  list  for  the  primary  delivered  to  the  board  of  registration 216 

Polls,  township,  proclaming  as  to  opening  and  closeing  of 193 

Poll  clerks   138 

Poll  list,  clerk  to  keep 138 

Poll  books  furnished  by  the  court  auditor 142 

Poll  books,  contents  of  and  how  delivered 143 

Polls,  when  opened  and  closed 149 

Poll  list,  township 194 

Poll  list,  false 201 

Posting  of  instructions 143 

Posting  of  certain  ballots 143 

Posting  of  election  notice 148 

Posting  of  notices  as  to  candidates  for  the  primary 236 

Powers  of  electors  of  the  township 191 

Practice,  corrupt,  act 237 

Precinct  committee  men,  how  elected  under  the  primary 222 

Pre-election  promises  of  appointment,  under  election  privileges  act 226 

Precincts,  election 135 

Precincts,  how  formed 135 

Precinct,  new,  registry  list  in 177 

Precinct  or  district,  wrong,  voting  in 198 

Preparation  of  the  primary  election  ballot,  how 214 

Preparation  of  ballots 139 

Present  election  statutes  apply  to  the  primary  law 221 

Presidential  electors.    Canvass  of  votes  as  to 159 

Presidential  electors,  convene  when,  Vacancies,  how  filled 163 

Presidential  electors,  contests  of,  what  court 170 

Preservation  of  order,  board  of  registry  has  power — _ 180 

Presidential  electors,  per  diem  and  mileage  of 164 

Preventing  a  public  meeting  of  electors 199 

Preventing  attendance  at  a  public  meeting  of  electors 199 

Primary,  abstract  of  votes  at,  to  the  Secretary  of  State 218 

Primary  act  is  valid 222 

Primary  act,  what  party  committees  continue  under 222 

Primary  ballot,  names  on.    How  secured 210 

Publication  of  nominations 210 

Primary  campaign  expenses  limited  under  the  election  privileges  act-_  224 

Primary,  county  and  state  committees  under,  how  selected 222 

Primary  election  law 205 


306 INDEX 

Page 

Primary  election  law,  intent  of 205 

Primary  election,  held  when 205 

Primary  election,  what  offices  voted  for 205 

Primary  election,  petition  required 205 

Primary  election,  fees  for  filing  petition 205 

Primary  election,  registration  for,  required  when 206 

Primary  election,  registration  and  enrollment  books 207 

Primary  election,  county  and  legislative  candidates  for 209 

Primary  election,  petition  of  the  candidates 209 

Primary  election,  filing  fee  and  pledge  of  candidates  at 209 

Primary  election,  nomination  by  stickers 211 

Primary  election,  eligibility  of  candidates  at 211 

Primary  election,  form  of  ballots  at 211 

Primary  election,  duties  of  the  judges  and  inspectors  at 211 

Primary  election,  must  vote  the  party  ballot  at 213 

Primary  election  ballots,  prepared  how 214 

Primary  election,  nomination  of  U.  S.  Senator  at 214 

Primary  election  ballot,  arangement  of  the  names  on 214 

Primary  election,  list  of  ofiicers  to  be  nominated  at 215 

Primary  election,  tally  books  for,  arrangement  of  names 216 

Primary  election,  polls  open  when.  Canvass 216 

Primary  election,  returns  from.  Statement  as  to 216 

Primary  election,  polls  list  for,  delivered  to  registry  board 216 

Primary  election,  county  canvassing  board  for 217 

Primary  election,  state  board  canvassers  at 218 

Primary  election  ballot,  vacancies,  how  filled 219 

Primary  election,  ballot,  error  as  to,  how  corrected 220 

Primary  election,  contest  of  nominations  at 220 

Primary  election  for  national  delegates,  when  held 235 

Primary  election  of  national  delegates 233 

Primary  election,  publication  of  candidates  names  before 236 

Primary  election,  certified  list  of  candidates  issued  before 236 

Primary  election,  candidates  for,  posting  notices  as  to 236 

Primary  law,  form  of  the  petition 211 

Primary  law,  fees  under,  paid  to  the  county 221 

Primary  law,  penal  code  is  applicable  to 222 

Primary  law,  what  statutes  are  not  repealed  by _-  221 

Primary  law,  what  general  election  provision  applicable  to 215 

Primary,  percentages  of  votes  required  for  nomination  at 214 

Primary,  precinct  committeemen  under  the,  how  elected 222 

Primary,  result  of,  statement  as  to,  by  the  state  board  of  canvassers—  219 

Primary,  statement  of  the  canvassing  board 217 

Primary,  tie  vote  at,  decided  how 221 

Printed  instructions  to  be  used  at  elections 143 

Primary,  what  election  statutes  apply  to 221 

Printed  ballots,  auditor  to  supply 139 

Printing  of  ballots 138 

Printing  of  the  absent  voter  ballot 243 


INDEX  307 


Page 

Printing  Statements,  under  election  privileges  act 225 

Privileges  act,  election 224 

Privileges,  election,  primary  campaign  expenses  limited  under 224 

Privileges,  election,  act,  rates  for  statements  in 224 

Privileges,  election,  act,  publicity  pamphlet  under,  statement  of  the 

candidate    224 

Privileges,  election,  printing  statements  under , 225 

Privileges,  election,  addresses  of  voters 225 

Privileges,  election,  general  election  campaign  expenses  limited  under  226 

Privileges,  election,  itemized  statements  filed  under 226 

Privileges,  election,  actual  contributors'  names  entered 226 

Privileges,  election,  pre-election  promises  of  appointment 226 

Privileges,  election,  charitable  contributions  by  candidates 226 

Privileges,  election,  campaign  contributions  by  corporations  prohibited  227 

Prvileges,  election,  treating 227 

Privileges,  election,  penalty  for  corrupt  practice 227 

Privileges,  election,  expense  of  voting,  transporting  prohibited 228 

Privileges,  election,  political  advertising  labeled  paid 228 

Privileges,  election,  failure  to  file  statement  under 228 

Privileges,  election,  candidacy  bona  fide 229 

Privileges,  election,  corrupt  practice  under 229 

Privileges,  election,  commencement  of  contest 229 

Privileges,  election,  general  penalty  for  violation  of 229 

Procuring  unqualified  vote,  penalty  for 198 

Proclamation  of  opening  and  closing  of  township  polls 193 

Process,  no  civil,  served  on  election  day 165 

Procedure  followed  by  the  canvassers 161 

Proceeding  of  board  of  registration,  to  be  public 178 

Procedure  and  testimony,  in  contests 167 

Proceedings  when  township  meeting  fails  to  elect 195 

Proclamation  of  result  of  vote  by  governor 161 

Production  of  papers  in  contest  cases  may  be  required 175 

Prohibition  of  campaign  contributions  by  corporations  under  election 

privileges  act 227 

Proposed  constitutional  amendments 120 

Provisions  of  code  of  civil  procedure  applicable  when 169 

Prosecution  under  corrupt  practice  act,  where  brought 238 

Provisions  of  the  general  election  law  applicable  to  the  primary  law__  215 

Public  meetings,  disturbance  of 199 

Public  meeting  of  electors,  preventing 199 

Public  canvass  of  the  votes  by  state  canvassing  board 158 

Publication  of  names.    Error,  how  corrected 148 

Publication  of  election  notice 148 

Publication  of  the  returns 155 

Publication  of  nominations 146 

Publication  of  candidates  name  before  primary  election 236 

Publication  of  list  of  candidates  before  the  primary 236 

Publicity  pamphlet,  candidates  statement  under  privileges  act 224 


308  INDEX 


Pa?e 

Publicity  pamphlet,  rates  for  statement  in 224 

Punishment,  no,  for  bribery  witness 202 

Punishment  for  advising  violation  of  corrupt  practice  act 238 

Q 

Qualifications  of  Indian  voters 134 

Qualifications  of  poll  clerks 138 

Qualifications  of  the  voter 134 

Qualifications  of  the  election  ofllcer 136 

Qualifications  of  the  township  voter: 193 

Qualified  voters,  in  municipality,  registration 181 

Qualified  electors,  list  of 176 

Questions  submitted  to  voters.     Criminal  acts 203 

Question  vote,  duty  of  inspector  or  judge  to 138 

R 

Rates  for  political  announcements 232 

Rates  for  statement  of  candidate  in  the  publicity  pamphlet 224 

Recall,  municipal  183 

Recall,  municipal  187 

Receiving  vote  from  person  not  on  registry  list 178 

Record  of  result  of  vote  as  to  constitutional  amendments 160 

Record,  public,  registers  to  remain 179 

Referee  may  try  contests ^^ 168 

Referendum,  municipal 189 

Registers,  what  to  contain 176 

Register  must  be  filed 179 

Registers  to  remain  public  record 179 

Registers  and  blanks,  county  auditor  to  provide 180 

Registered  voter,  personating 198 

Registering  in  more  than  precinct,  penalty  for 180 

Registration  board,  second  meeting 177 

Registration  of  voters 176 

Registration  board,  proceedings  of,  to  be  public 178 

Registration  statute,  what  cities  governed  by 181 

Registration  of  voters  in  municipality 181 

Registration,  false  statement  preventing 199 

Registration,  unauthorized,  how  punished 198 

Registration,  constructive  false  statements  as  to 199 

Registration,  party,  for  primary,  required  when 206 

Registration  and  enrollment  books  for  primary  election 207 

Registry  board,  poll  list  for  primary  delivered  to 216 

Registry  list  in  new  precinct 177 

Registry  list  to  be  revised 178 

Rejection  of  legal  vote,  penalty  for 164 

Rejected  or  void  absent  voter  ballots 246 


INDEX  309 


Page 

Removal  of  county  seat,  contests  of  election  for 167 

Removal  from  municipal  office 185 

Removal  of  officer  by  the  Governor 239 

Removal  of  officer,  commissioner  to  take  testimony  for 239 

Removal  of  officer,  copy  of  complaint  served  upon  the  defendant 240 

Removal  of  officer,  time  and  place  of  hearing 240 

Removal  of  officer,  fees  paid  to  commissioner  in 241 

Removal  of  officer  action,  commissioner  to  file  oath ' 241 

Removal  of  officer,  action  for,  costs  of,  assessed  how 242 

Removal  of  officer,  certificate  of  Governor  as  to  costs  of 242 

Repealed,  not,  by  primary  law,  what  statutes 221 

Representative  districts 18a 

Resignations  and  vacancies.  Special  election 162 

Result  of  election  proclaimed  by  the  Governor 161 

Result  of  canvass  to  be  immediately  announced 152 

Result  of  canvass,  certificates  as  to 159 

Return.    How  and  where  made.    Compensation  of  officers 153 

Returns,  canvassing  of 151 

Return,  Publication  of 155 

Returns,  What,  shall  be  canvassed 161 

Returns,  informality  in,  disregarded 161 

Returns,   defective   161 

Returns  indorsed  by  the  Secretary  of  State 162 

Returns,  election.     Mutilations  of.     Penalty 204 

Returns  from  the  Primary,  statement  of 216 

Revision  of  registry  list 178 

Right  of  an  officer.    Lawful  interference 203 

Right  to  vote 134 

s 

School  officers  act,  non-partizan 231 

Second  meeting,  board  of  registration 177 

Secret  ballot.     Electioneering  prohibited 164 

Separate  ballot  boxes  for  women  voters 144 

Secretary  of  State  to  receive  nomination  petition 144 

Secretary  of  State  to  receive  nomination  certificate 145 

Secretary  of  State  to  certify  nomination  for  state  office 146 

Secretary  of  State  to  file  abstract  of  votes 157 

Secretary  of  State  to  issue  certificates  as  to  election 159 

Secretary  of  State  indorses  election  returns 162 

Secretary  of  State,  abstract  of  votes  at  primary  to 218 

Secretary  of  State  issues  certified  list  of  candidates  before  the  primary  236 

Secretary  of  State,  transmits  blanks 144 

Selling  liquors  on  election  day 203 

Senator  U.  S.,  nomination  of,  at  the  primary 214 

Senatorial  districts  18a 

Separate  boxes  for  women's  ballots 151 


330 INDEX 

Page 

Serving  of  notice  in  case  of  election  contest 165 

Special  election  in  case  of  resignations  or  vacancies 162 

Specal  township  meetings,  held  when 192 

Spoiling  of  the  ballot  by  the  voter 150 

Stamps,  official,  for  the  officers 143 

State  board  of  canvassers,  how  constituted 156 

State  board  of  canvassers  for  the  primary  election 218 

State  canvassing  board,  meeting  of 158 

State  canvassing  board,  duty  of 158 

State  canvassing  board,  adjournment  of 158 

State  canvassing  board,  public  canvass  by 158 

State  canvassing  board  to  issue  certificates  as  to  result 159 

State  canvassing  board,  duty  as  to  presidential  electors 159 

State  canvassing  board  canvassing  votes  for  national  delegates 234 

State  constitution 58 

Statement  as  to  the  return  from  the  primary  election 216 

Statement  of  the  canvassing  board  for  the  primary.    Contests 217 

Statement  of  the  board  of  canvassers  on  result  of  the  primary 219 

Statement  of  the  candidate  under  the  privileges  act 224 

Statement  of  the  candidate,  rates  for,  in  the  publicity  pamphlet 224 

Statements,  printing  of,  under  election  privileges  act 225 

Statements,  itemized,  filed  under  election  privileges  act 226 

Statement  failure  to  file.    Name  omitted  from  ballot 228 

Statement,  false,  preventing  registration 199 

Statutes  relating  to  naturalization 38 

Statutes,  present  election,  apply  to  the  primary  law 221 

Stickers,  nomination  by,  at  the  primary 221 

Subpoena  to  compel  attendance  of  witnesses 173 

Subpoena  in  contest  cases,  how  served 174 

Supplies,  lists  or  cards,  destroying  of 201 

Suppressing  certificates  of  nomination 201 

Surety  for  costs  must  be  furnished  in  cases  of  contest 168 

Swearing,  false.  Penalty.    Election  booths 151 

T 

Taking  testimony  in  contest  cases  may  be  adjourned 175 

Tally  books  for  the  primary  election.    Arrangement  of  names 216 

Taxation  of  costs  in  contest  proceedings 172 

Term  of  office,  municipal  elections,  effect  of 182 

Term  of  district  court 20 

Term  of  residence  as  right  to  vote 134 

Term  of  office  of  township  officers 191 

Term  of  municipal  office,  commences  when 183 

Testimony  and  procedure  in  contests 167 

Testimony  in  contest  cases  must  be  confined  to  issue 174 

Testimony  in  contest  cases  must  be  reduced  to  writing 174 

Testimony  in  contest  cases  to  be  forwarded  to  Secretary  of  State 175 


INDEX 311 

Pag- 
Testimony,  no  person  excused  from  giving,  under  corrupt  practice  act-  193 

Testimony  taken,  when,  in  contest  cases 173 

Testimony  taken  at  only  two  places  at  a  time.    Contests 173 

Testimony,  taking  of,  in  contest  cases,  may  be  adjourned 175 

Threats,  violence,  of  electors 200 

Ticket,  filling  vacancy  after  printed 147 

Ticket,  vacancies  how  filled 146 

Tie  vote  at  the  primary,  decided  how 221 

Tie  vote,  municipal  election,  how  decided 182 

Tie  vote,  duty  of  the  county  auditor 156 

Tie  vote  how  decided 155 

Time  of  posting  election  notice 148 

Time  when  returns  are  to  be  made.    Compensation  of  officers 153 

Time  and  place  of  municipal  elections 181 

Time  and  place  of  meeting  of  county  and  state  committees  under  the 

primary   222 

Time  limit  for  contest  commencement,  under  election  Privileges  act-_  229 

Township  ballots  to  be  deposited  by  the  judges 194 

Township  clerk,  duty  of 195 

Township  electors,  power  of 191 

Township  candidates,  all,  to  be  on  one  ballot 194 

Township  election,  result  of  to  be  announced 194 

Township  meetings,  annual,  when  held 190 

Township  meetings,  special,  held  when 192 

Township  meeting,  notice  of,  given  by  the  township  clerk 192 

Township  meetings,  mode  of  conducting 192 

Township  meeting,  minutes  of,  to  be  field 194 

Township  meetings,  proceedings  of,  when  failure  to  elect 195 

Township  meeting,  unlawfully  voting  at 198 

Township  moderator,  duty  of,  reconsideration  of  the  vote 193 

Township  officers,  when  elected 191 

Township  officers,  term  of  office  of 191 

Township  poll  list J*. 194 

Township  voter,  qualifications  of 193 

Township  voter,  challenge  to 193 

Township  votes,  canvassed  by  the  judges  of  the  election 194 

Township  votes,  manner  of  canvassing 194 

Transmission  of  blanks  by  the  Secretary  of  State 144 

Transmission  of  the  absent  voter  ballot  to  the  inspector  of  election 245 

Transportation  prohibited,  expense  of  voting.    Election  privileges  act-  228 

Traveling  expenses  of  the  national  delegates 235 

Treating,  under  election  privileges  act 227 

Trial  of  contest  before  referee 168 

Trial  of  contest 167 

Two  or  more  counties  in  the  primary  election  district,  when 218 


312  INDEX 


u 

Page 

Unauthorized  registration,  how  punished 198 

United  States  citizenship 36 

United  States  Constitution 21 

Unlawful  voting  at  a  caucus,  Penalty 203 

Unlawfully  voting  at  a  town  meeting 198 

Unqualified  vote,   procuring 198 

Unqualified  voting,  advising 198 

Unqualified  voter 197 

Unstamped  ballot,  penalty  for  depositing 164 


V 

Vacancies  and  resignations.     Special  election . 162 

Vacancies,  canvass  and  returns  of  election  to  fill 163 

Vacancies,  duty  of  the  governor  in  cases  of  certain 163 

Vacancies  municipal,  election  to  fill 185 

Vacancy  occurring  after  tickets  are  printed 147 

Vacancies  on  ticket,  how  filled 146 

Vacancies  on  the  primary  ballot 210 

Vacancies  on  primary  ballot  filled  by  the  party  nominees 213 

Vacancies  on  the  primary  election  ballot,  how  filled 219 

Vacancies,  Presidential  electors 163 

Vacant,  municipal  office  deemed  when 183 

Valid,  primary  law  is 222 

Violation  of  election  laws,  penalty  for 165 

Violence  disturbing  election : 200 

Violence,  threats  etc.,  of  electors 200 

Voters,  addresses  of,  under  election  privileges  act 225 

Violation  of  the  corrupt  practice  act.    Punishment  for  advising 238 

Violation  of  the  absent  voter  privilege,  penalty  for 247 

Void,  ballots,  when 1 152 

Void,  certificate  when 146 

Void  or  rejected  absent  voter  ballots 246 

Vote,  tie,  duty  of  the  county  auditor 156 

Vote,  legal,  penalty  for  depositing.. 164 

Vote  on  constitutional  amendments,  record  of 160 

Vote  from  person  not  on  registry  list,  receiving 178 

Vote,  tie,  at  the  primary,  decided  how 221 

Vote,  elector  may,  before  leaving  the  county. 246 

Voters,  their  right  to  vote  in  the  state 134 

Voters,  Indian,  their  Rights 134 

Voters  names  on  poll  list 138 

Voter,  disability  of 150 

Voters,  registration  of 176 

Voter,  township,  qualification  of 193 

Voter,  township,  challenge  to 193 


INDEX       /  313 


Page 
Voter  unqualified 197 

Voter,  good  faith  of.     Evidence  as  to 203 

Voters,  questions  submitted  to.    Criminal  acts 203 

Voters,  absent  243 

Voter,  absent,  ballots.    How  printed '- 243 

Voter,  absent,  ballot.    Form  of  application  for 243 

Voter,  absent,  ballot,  application  blank  for 244 

Voter,  absent,  ballot,  sent  how 244 

Voter,  absent,  affidavit  of.    Certificates  as  to 244 

VoLer,  absent,  ballot,  manner  of  marking 245 

Voter,  absent,  ballot,  care  of  by  the  county  auditor 245 

Voter,  absent,  ballot,  transmission  of,  to  the  inspector 245 

Voter,  absent,  time  for  application  for  ballots 243 

Voter,  absent,  ballots,  void  or  rejected 246 

Voter,  absent,  ballots,  furnished  the  county  auditor  when 247 

Voter,  absent,  privilege,  penalty  for  violating 247 

Votes  constituting  election 134 

Votes,  canvassing  of 151 

Votes,  abstract  of,  forwarded  by  the  county  auditor 157 

Votes,  abstract  of,  filed  by  the  Secretary  of  State 157 

Votes,  canvass  of,  to  be  public 158 

Votes,  reconsideration  of  township 193 

Votes,  township,  canvassed  by  the  election  judges 194 

Votes,  canvass  of  at  the  primary 216 

Votes,  statement  as  to  the  returns  of,  at  the  primary 216 

Votes,  abstract  at  primary  to  the  Secretary  of  State 218 

Votes,  abstract  of 155 

Voting,  unqualified,  advising 198 

Voting  in  the  wrong  precinct  or  district 198 

Voting  unlawfully  at  a  town  meeting 198 

Voting,  unlawful,  at  a  caucus.    Penalty 203 

Voting,  expense  of,  transportation  prohibited,  under  election  privileges 

act  : 228 

Voting,  manner  of,  the  absent  voter  ballot . 246 


w 

What  constitutes  election  precinct ' 135 

What  returns  shall  be  canvassed 161 

What  application  in  case  of  contest  must  include 170 

What  cities  governed  by  registration  statute 181 

What  elects  in  municipal  election 182 

What  notice  of  township  clerk  to  electors  to  contain 192 

What  offices  voted  for  at  primary  election 205 

When  polls  are  to  be  opened  and  closed 149 

When  member  of  canvassing  board  is  disqualified 157 

When  presidential  electors  convene.    Vacancies  how  filled 163 

When  board  of  Registry  shall  meet 176 


514  INDEX 

Page 

When  term  of  municipal  office  commences 183 

When  municipal  office  deemed  vacant 183 

When  person  may  cause  name  to  be  enrolled  on  primary  day 208 

When  primary  election  for  national  delegates  is  held 235 

Who  entitled  to  vote 134 

Who  may  bring  contest 166 

Who  are  entitled  to  vote  at  township  election 193 

Who  may  vote.    Absent  voters 243 

Witnesses  in  contest  cases,  attendance  of,  subpoena 173 

Witnesses,  non-resident,  deposition  may  be  taken 174 

Witnesses,  examination  of,  in  contest  cases 174 

Witnesses  and  officers,  fees  of,  in  contest  cases 175 

Witnesses,  in  bribery  hearing  not  excused 202 

Women's  ballots  deposited  in  separate  box 151 

Writing  name  of  candidate  on  ticket 139 

Wrong  precinct  or  district,  voting  in 198 


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